The Comparison of the Provisions on the Offence Against Personal Data Protection In Indonesia and Singapore

Abstract

Indonesia has regulations governing personal data, namely the Personal Data Act, which refers to data about individuals who can be identified from such data, or from such data and other information that can be accessed by organizations that have or may have access to it. Law No. 27 of 2022 concerning the Personal Data Protection Act, while in Singapore, the PDPA (Personal Data Protection Act) 2012 has been in effect since 2014. Researchers chose Singapore as a comparison because Indonesia and Singapore are within the scope of one Asian country, and Singapore's regulations have also been more developed than Indonesia's, which makes them a suitable comparison, and comparison of regulations on violations of personal data protection in Indonesia and Singapore. Between Singapore and Indonesia, they still share many of the same habits, making it easier for researchers to make comparisons. The purpose of this study is to analyze regulations regarding violations of personal data protection and to examine the differences in law enforcement agencies' approaches to data protection between Indonesia and Singapore. This research employs doctrinal legal analysis, utilizing both statutory and conceptual approaches to examine the proposed legal issues. The results of this study indicate that there are significant differences in how Indonesia and Singapore handle personal data breaches. Indonesia’s regulation imposes heavier criminal penalties such as longer imprisonment for personal data violations, while Singapore’s regulation applies lighter penalties but emphasizes clear rules on consent, data handling, and compliance to prevent violations.The difference between law enforcement agencies related to personal data protection in Indonesia and Singapore lies in their efficiency and organizational structure. Singapore has a Personal Data Protection Commission (PDPC) that can provide a quick and structured response to personal data breaches, whereas Indonesia faces similar challenges of serious personal data leakage issues. As there is no independent body specialized in personal data protection, responses to data breaches are often ineffective and uncoordinated.