Urgency Public Data Protection Based on Data Leakage Cases at The Indonesian Child Protection Commision

Abstract


A. Introduction
The Analysis of usefulness of public data has been widely developed in recent years, especially in the fields of government administration, business activities, and trade with personal data, from national, regional, to international levels focusing on how public data collections can offer new insights on previously tricky issues resolved. Nevertheless, at the same time, public data poses new problems for privacy rights 1 . One of the areas that raises serious legal issues regarding information disclosure which contains two interests in terms of protecting individual privacy rights and guaranteeing public human rights to access to news that has implications for the lives of many people. 2 Therefore, a comprehensive set of security and rules is needed regarding personal data. 3 Public data protection in Indonesia is currently viral on social media and is causing public anxiety 4 . In the Indonesian Cyber Attack Case Report data sourced from the Indonesian National Police, from January-September 2020, there were at least 18 reports regarding electronic system hacking cases, 39 data theft cases, and 71 data cases 5 . The crucial reason why personal data must be guarded and protected is because personal data is part of a person's privacy aspect. 6 Security in the public sector, especially in the implementation of the egovernment system, is something that the government needs to pay attention to because it is a sensitive matter because it is vulnerable to being misused by unauthorized parties and will affect public trust in its implementation. 7 Several significant cases demonstrate the urgency of public data protection in Indonesia. In May 2021, BPJS, Social Security Administration in Indonesia experienced a data breach as many as 279 million Indonesian population data from BPJS health was leaked 8 , public data leaks on commercial e-platforms such as Tokopedia 9 , Shopback, even the Covid-19 vaccine certificate belonging to the President of the Republic of Indonesia Joko Widodo was also leaked On Monday, October 18, 2021, a data leak was found from the Indonesian Child Protection Commission (KPAI) 12 , an independent state institution to protect the nation's children from all harmful actions 13 . The leaked data consists of the complete identity details of the complainant, including name, identity number, nationality, telephone, mobile number, religion, occupation, education, address, email, place, and date of birth, gender, province, city, age, and reporting date. In addition, there is also monthly income data, case summaries, mediation results, and even a list of identity data for underage victims. Data that is very sensitive and very private is protected by the state and is very likely to trigger online predators and harm mentally and physically 14 .
The data protected by the state has been sold on the internet and can be quickly owned by everyone for only spending around 35 thousand rupiahs 15 . It can cause losses for related parties within the KPAI, for example, the emergence of doubts from the complainants or parties who previously intended to report the problems they experienced, thus triggering the emergence of KPAI because of public trust 16 . Then what is the guarantee that the state can maintain the privacy of the reporter and victim who is still in the child age category and is more vulnerable to being physically and mentally disturbed 20 how the state can protect the fundamental rights of its people related to their privacy. In Indonesia, there are no rules that are regulated comprehensively in discussing this personal data protection issue 21 .
The research method used is normative legal research based on secondary data library research 22 which is descriptive 23 , evaluative, and prescriptive 24 . Several approaches are used, namely the legal approach, conceptual, to answer the first question, the point of contact between individual and state interests and a comparative approach 25 to answer the second problem regarding the dynamics of personal data protection arrangements in the problem of data leakage experienced by KPAI. Therefore, with this case, the urgency of legalizing public data protection upholds human beings' fundamental rights to minimize the increasing number of victims due to public data leakage.
Based on this background, the author tries to analyze the urgency of protecting public data based on cases of data leakage at the Indonesian Child Protection Commission. The author examines the dynamics of personal data protection arrangements. Through this research, the author is expected to be able to contribute to the regulations, especially in the study of human rights and one's privacy. The novelty of this research will make an outstanding contribution to determining the implementation, protection and fulfillment of human rights.

Human Rights For Privacy As A Fundamental Right
Privacy is one of the fundamental human rights that cannot be contested. The OECD 1980, which regulates the Privacy Guidelines, defines privacy as "all information relating to an identified and identifiable individual. 26 Privacy is one of the most critical things regulated in Human Rights. It is even written in various international conventions and declarations regarding Human rights.
The Universal Declaration of Human Rights (UDHR) clearly states in Art. 12 that "No one shall be subjected to arbitrary interference with his privacy, family, home, or correspondence, not to attack upon his honours and reputation. Everyone has the right to the protection of the law against such interference or attacks." 27 It is also regulated on the International Covenant on Civil and Political Rights (ICCPR), which regulates the right to liberty and security. It states P-ISSN 2723-2492 Volume 3 Issue 1, January-June 2022 E-ISSN 2745-9322 81 that everyone has the right to liberty and security of a person 28 , and no one shall be subjected to arbitrary or unlawful interference with his privacy. 29 Indonesia recognizes the human rights principles and has regulations regarding human rights which are generally discussed in Law no. 39 of 1999 concerning Human Rights. 30 Indonesia has several provisions regarding the protection of privacy and personal data in Indonesia in general in the 1945 Constitution (UUD 1945), namely Art.28G (1) "Everyone has the right to protection of personal, family, honor, dignity, and property under authority, and has the right to a sense of security and protection from the threat of fear to do or not do something which is a human right." 31 From this constitution, it can be said that Indonesia recognizes that privacy is a human right that the state must protect.
Provisions regarding data and privacy rights are also regulated in the Electronic Information and Transaction Law No. 19 of 2016 Art.26 (1), which states that the use of any information through electronic media concerning a person's data must be carried out with the consent of the person concerned. 32 However, there is no comprehensive regulation that addresses the issue of public data protection in Indonesia. 33 As a concrete manifestation that Indonesia protects the dignity of children, Law No. 23 of 2002 on Child Protection and Presidential Decree 77 of 2003 was created to establish the Indonesian Child Protection Commission or commonly referred to as KPAI. 34 In this case, following the regulations and guidelines regarding human rights and privacy of a person that has been recognized in the international community and also been recognized in Indonesia, talking about public data, especially regarding identity data of minors who do not know whom the data will fall into. It is a severe violation of the privacy of a person whom the state should protect. It must be handled as a severe urgency that must be addressed immediately to bring more victims due to public data leakage.

Data Leaking At the Indonesian Child Protection Commission and Its Impact
KPAI is an independent state institution whose job is to protect the nation's children from all actions that harm them. Every child has the right to survive, grow and develop and has the right to protection from violence and discrimination." 35 The Indonesian Child Protection Commission is tasked with supervising the implementation of the protection and fulfillment of children's rights, collecting data and information on child protection, receiving and reviewing public complaints regarding violations of children's rights, then mediating disputes over violations of children's rights. The latest data released by KPAI is around 24974 registered cases 37 from 2016 to 2020. Furthermore around 3178 cases are classified as perpetrators and victims of Pornography and Cyber Crime. Specifically, there are 544 children classified as Child Victims of Online Sexual Crime. And 361 children were classified as Child Victims of Bullying on Social Media. 38 From the data, it can be said that there have been many victims and reporters who have entrusted their identities and complained about their problems to be resolved by KPAI.
On Monday, October 18, 2021, there was a leak of data on the identity of the complainant and underage victim, a summary of the case, and the results of mediation. 39 This has at least two significant impacts, firstly it can have an impact on the inhibition of KPAI's performance due to the loss of public trust, and secondly, it will have a worse impact on victims and the complainant both physically and mentally, because this can trigger the movement of predators.
Children with backgrounds as victims or perpetrators of sexual crimes, pornography, and bullying have vulnerable conditions. 40 One of the impacts is that the condition of the victim who experiences stress after becoming a victim of sexual violence or what is commonly called Post Traumatic Stress Disorder (PTSD) is a condition in which a person experiences excessive anxiety disorders, causing unstable emotional conditions and different from people in general. 41 Victims who experience violence can cause psychological disturbances or trauma to the victim and are ostracized by their family and surrounding environment, including their peers. 42 Based on the research above, it can be said that the condition of victims and whistleblowers protected by KPAI who are classified as still in the age of children and have experienced various bad things in the past tend to have more vulnerable conditions than children in general. With this mental condition, victims and whistleblowers can quickly become easy targets for predators out there. 43 It is the state's obligation to protect the privacy of its citizens and protect the nation's future generations from all violence and discrimination. 44 Suppose it turns out that KPAI's protection against reporting data and victim data from this act of violence is considered lacking. In that case, this will raise doubts on the part of potential complainants and victims, public anxiety about guaranteeing their privacy security will increase and have a significant impact on handling cases of violence against children in Indonesia in Indonesia future.
Public data has a very significant role in people's lives in the 21st century. Public data offers solutions to problems that were previously difficult to solve. But at the same time, public data raises new problems for privacy rights. 45 Therefore, because this is not the first time Indonesia has experienced a public data leak. It is time for the government to start protecting human rights in the field of privacy rights of every human being, including, in this case, the privacy rights of the whistleblowers and the victim who are still children. The law is felt to be lacking in protecting the privacy of public data owned by the government. 46 This is because legal changes are often slower than technological changes, the rule of law lagging behind technology. Therefore, to minimize the occurrence of more victims of public data leakage, Indonesia already has a draft law on protecting public data, which is often called the PDP draft bill. The emergence of the Personal Data Protection draft bill has led to an efficient and effective government administration system in providing services to the public. The need for regulation of various matters involving information and communication technology is felt to be increasingly urgent, and this design is deemed capable of guaranteeing the protection of a person for his or her information data. 47

C. Conclusion
Privacy is one of the most critical things regulated in Human Rights, and it is written in various international conventions and declarations regarding Human rights. Indonesia, as a country that recognizes human rights, also recognizes privacy as a human right that must be protected by the state. However, there is no law that addresses the issue of public data protection in Indonesia comprehensively.
On Monday, October 18, 2021, data leaks on the identity of the complainant and underage victim, case summary, and mediation results were found. This has at least two significant impacts, firstly it can have an impact on the inhibition of KPAI's performance due to the loss of public trust, and secondly, it will have a worse impact on victims and the complainant both physically and mentally, because this can trigger the movement of predators.
Therefore, to address this urgency and minimize the occurrence of more victims of public data leakage and the impact on public anxiety, Indonesia needs to immediately ratify the Draft Law on Public Data Protection (RUU PDP) so that the urgency of legalizing public data protection can be resolved immediately and Indonesia can always guarantee the implementation of human rights as fundamental rights.