TEMPO.CO, Jakarta - An agreement concerning the transfer of Indonesian citizens' personal data to the United States has drawn public attention. The agreement is outlined in a joint statement published on the official website of the US government on Tuesday, July 22, 2025, local time.
The statement outlines 12 key points, including Indonesia's pledge to eliminate barriers to digital trade, services, and investment. One clause specifically notes Indonesia's commitment to ensuring the free flow of personal data to the United States.
"Indonesia will provide certainty regarding the ability to transfer personal data outside its territory to the United States," the document reads.
The agreement has sparked public controversy. Several groups have voiced criticism, particularly over concerns related to digital rights.
SAFEnet: Data Transfer to the US Poses Risks and Undermines Digital Rights
Nenden Sekar Arum, Executive Director of SAFEnet, warned that the clause allowing personal data transfers under the Reciprocal Trade Agreement with the US poses serious risks.
She argued that the policy weakens digital rights and compromises national data sovereignty by allowing cross-border data movement without user consent.
"SAFEnet believes the agreement with the United States could lead to the exploitation of personal data for commercial purposes," Nenden told Tempo on Saturday, July 26, 2025.
She urged the government to clarify the legal basis and protection mechanisms for citizens' personal data under this agreement.
According to her, international agreements of this kind should not proceed without the data owner's consent or a clear agreement with a specific company or country. She also criticized the process for lacking transparency and public participation.
Minister Meutya Hafid: Data Transfer Has Legal Safeguards
Communication and Information Technology Minister Meutya Viada Hafid responded by assuring the public that the data transfer provisions are backed by legal regulations.
She explained that this does not equate to unrestricted access or handover of personal data.
Meutya said the trade deal is still being finalized, and technical discussions are ongoing. "The government guarantees that data transfers to the US will be carried out with caution," she said in a written statement issued on Thursday, July 24, 2025.
She emphasized that cross-border data transfers are permissible when they serve legitimate, limited, and legally justifiable purposes. As an example, she cited data exchanges that occur when users access services like Google or Bing.
In the context of this agreement, Meutya said the framework offers a legal foundation to protect Indonesian users' data when using digital services provided by US-based companies. "All processes will follow secure and accountable data governance principles, without infringing on citizens' rights," she added.
Natalius Pigai: Data Transfer Agreement Does Not Violate Human Rights
Minister of Human Rights Natalius Pigai also weighed in, stating that the data-sharing arrangement with the US is consistent with human rights.
He explained that the agreement adheres to existing Indonesian laws, specifically referencing the Personal Data Protection Law (UU PDP).
"The clause clearly states that any data exchange must follow Indonesian law, which serves as our main legal reference," Natalius said in a written statement confirmed in Jakarta on Saturday, July 26, 2025, as reported by Antara.
He reassured the public that the government would implement this agreement with caution and responsibility, ensuring data security throughout the process.
Natalius asserted that because the arrangement is based on Indonesian law, the data transfer is not arbitrary. Instead, it is regulated by a legitimate legal framework designed to ensure safe and measured cross-border data flows.
"This means it does not violate human rights or contradict any human rights principles," he concluded.
Anastasya Lavenia Yudi, Alif Ilham Fajriadi, and Antara contributed to the writing of this article.
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