HUMAN RIGHTS IN PROTECTION OF PERSONAL DATA IN INDONESIA
Law has the supremacy of the highest rank to obey. This has been expressly expressed by
legal and state thinkers. His theory is known as Rechtssouvereiniteit (Theory of Sovereignty
of Law). That law has the highest sovereignty in a country. The state must obey the law
(constitution) Grondrecht and the government must be run based on law (principle of
legality). Likewise with the existence of Human Rights, Everyone has the right to own
property alone or together with other people. No one may be arbitrarily deprived of his
property.” Thus stated article 17 of the Universal Declaration of Human Rights 1948.
However, property rights are seen as highly controversial by some of the states that drafted
the UDHR. To the extent that the classical understanding of property rights includes positive
obligations, it is limited to adopting appropriate legal frameworks and protecting against
infringement by third parties. Property rights provide opportunity and agency, but do not
guarantee outcomes. It does not include positive obligations to "fulfill" property rights
through the obligatory transfer of property from one individual to another. Such human rights
obligations would make the scope of protection of property rights largely illusory and would
undermine, rather than strengthen, human dignity. In addition, a positive obligation to fulfill
property rights would make the exercise of these rights completely arbitrary and inconsistent
with the requirements of legal clarity and predictability on which respect for the rule of law
depends.
Personal Data is personal information that is attached to a person which is stored, cared for,
and kept true and protected by confidentiality. Personal Data may include name, identity
number, personal contact such as telephone number, residential address, date of birth, beliefs,
health data, biometrics, genetics, personal financial data, and so on related to a person. These
data are considered as very valuable assets and are protected confidentially. Personal Data is
ideally inputted by the Data Owner or based on the data Owner's consent to the electronic
system to use a service or product provided by an electronic system operator. Then it is
managed by the organizer of the electronic system. Terms of storage and management of
personal data are usually regulated in standard agreements in the form of "Terms and
Conditions" and "Privacy Policy" of the platform used. This is also due to the nature of
Personal Data which is part of Human Rights (HAM), so that protection must be upheld, for
example by the following rights:
Law has the supremacy of the highest rank to obey. This has been expressly expressed by
legal and state thinkers. His theory is known as Rechtssouvereiniteit (Theory of Sovereignty
of Law). That law has the highest sovereignty in a country. The state must obey the law
(constitution) Grondrecht and the government must be run based on law (principle of
legality). Likewise with the existence of Human Rights, Everyone has the right to own
property alone or together with other people. No one may be arbitrarily deprived of his
property.” Thus stated article 17 of the Universal Declaration of Human Rights 1948.
However, property rights are seen as highly controversial by some of the states that drafted
the UDHR. To the extent that the classical understanding of property rights includes positive
obligations, it is limited to adopting appropriate legal frameworks and protecting against
infringement by third parties. Property rights provide opportunity and agency, but do not
guarantee outcomes. It does not include positive obligations to "fulfill" property rights
through the obligatory transfer of property from one individual to another. Such human rights
obligations would make the scope of protection of property rights largely illusory and would
undermine, rather than strengthen, human dignity. In addition, a positive obligation to fulfill
property rights would make the exercise of these rights completely arbitrary and inconsistent
with the requirements of legal clarity and predictability on which respect for the rule of law
depends.
Personal Data is personal information that is attached to a person which is stored, cared for,
and kept true and protected by confidentiality. Personal Data may include name, identity
number, personal contact such as telephone number, residential address, date of birth, beliefs,
health data, biometrics, genetics, personal financial data, and so on related to a person. These
data are considered as very valuable assets and are protected confidentially. Personal Data is
ideally inputted by the Data Owner or based on the data Owner's consent to the electronic
system to use a service or product provided by an electronic system operator. Then it is
managed by the organizer of the electronic system. Terms of storage and management of
personal data are usually regulated in standard agreements in the form of "Terms and
Conditions" and "Privacy Policy" of the platform used. This is also due to the nature of
Personal Data which is part of Human Rights (HAM), so that protection must be upheld, for
example by the following rights:
