Digital Surveillance and the Right to Privacy in Indonesia: Between Security and Liberty

Abstract

This paper explores the balance between national security concerns and the right to privacy in Indonesia, particularly in the context of digital surveillance. With the rapid expansion of digital technologies and the increasing reliance on internet-based communication, Indonesia has increasingly adopted surveillance practices as part of its national security strategy. This study investigates the legal frameworks that underpin digital surveillance, including the controversial 2016 Electronic Transactions and Information Law (ITE Law) and the more recent moves toward mass data collection through the National Cyber and Crypto Agency (BSSN). The paper critically evaluates how these measures impact individual privacy rights, drawing comparisons with international human rights standards and global surveillance practices. Using case studies of government surveillance, the research examines both the effectiveness of these measures in combating terrorism, cybercrime, and extremism, and the risks they pose to personal freedoms. The findings highlight a growing tension between security imperatives and civil liberties, with digital surveillance often extending beyond its stated purposes and encroaching upon personal privacy. The paper concludes with recommendations for legal reforms that safeguard privacy rights while balancing the state's security needs.