Analyst warns that problematic provisions in the PDP Act could become a second ITE Act

BANDUNG, KOMPAS.com — Wahyudi Djafar, Executive Director of Catalyst Policy Works, said that Law Number 27 of 2022 on the Protection of Personal Data (UU PDP) could potentially become an Electronic Information and Transactions Act (ITE) volume II if law-enforcement authorities lack sufficient capacity to interpret the rules. He made the remarks while speaking at a Human Rights Journalism Class in Bandung, West Java, on Thursday, 21 May 2026. ‘This is indeed a challenge, which is why there is concern that the PDP Act at certain levels could also become a second ITE Act,’ Wahyudi said in his presentation. ‘For instance, in the PDP Act, Article 65 prohibits opening other people’s personal data and so on; that could be used,’ he said. He cited an example: journalists conducting investigations could be at risk of criminal prosecution when trying to obtain information about sources or certain parties. According to Wahyudi, a journalist might request someone’s phone number from another party without the number owner’s consent for the purpose of investigative reporting. However, if the person involved feels harmed and dislikes the action, the situation could end in a criminal report. ‘If the owner of the number does not like the journalist’s actions, they could then approach police investigators and report that they have committed a crime in the form of a violation of personal data protection,’ he said. Therefore, he warned of a major challenge in implementing the PDP Act, particularly in terms of interpretation by law-enforcement authorities. He then referenced the experience with the ITE Act, which for years has faced criticism, especially regarding Article 27(3) on defamation. ‘Back then, we always talked about Article 27(3) of the ITE Act, even though the article has been amended, it nevertheless became a real bogeyman,’ he said. ‘This could also happen if the investigators lack sufficient capacity and could interpret it in that way,’ he added.