OVERLAPPING AUTHORITY BETWEEN THE MINISTRY OF COMMUNICATION AND INFORMATION TECHNOLOGY AND THE NATIONAL CYBER AND ENCRYPTION AGENCY IN SUPERVISION OF PERSONAL DATA PROTECTION IN INDONESIA

Abstract

The research aims to address the overlapping authority related to the supervisory function of personal data protection in Indonesia. This study analyzes how Indonesia should form an ideal personal data protection supervisory authority, by first resolving the overlapping supervisory authority between the National Cyber and Encryption Agency and the Ministry of Communication and Information Technology. This descriptive-analytical research uses normative juridical methods or doctrinal legal research, with the approach used is statutory approach. The study concludes that it is necessary to transfer the supervisory function from the Ministry of Communication and Information Technology to the National Cyber and Encryption Agency, followed by updating and strengthening its authority as the sole data protection supervisory authority in Indonesia. This consideration is based on aspects of budgetary and institutional efficiency, guarantees of independence, and legal adequacy. Resolving these overlapping issues will contribute to solving the fragile phenomenon of hyperregulation, the problem of recurring personal data breaches and spurring economic progress through investment growth.