Personal Data Protection Law in Digital Banking Governance in Indonesia

Abstract

In Indonesia, digital banking is advancing at a fast pace. As the law regulating it is incompatible with the current digital banking, it is necessary to establish new law capable of adapting to the development of digital banking because of the high number of digital account break-ins experienced by customers due to a lack of adequate regulations such as the law governing digital banking. Since digital banks are regulated in the Financial Services Authority (FSA) regulations, they have been unable to address risk issues due to insufficient binding force. This study employed a normative approach by collecting data: library research and discussions. The study’s findings indicate the governance of digital banks has flaws: vulnerability to identity theft, online crime, malware assaults, and the inability in accessing by all parties. Regulations governing personal data protection are largely outlined in Article 26 of Law No. 19 of 2016. This rule does not go into depth about personal data security in digital banking governance, thus it can lead to multiple interpretations. Subsequently, Law No. 10 of 1998 on financial is a banking regulation based on conventional not digital. Therefore, these two regulations are incompatible with digital banking governance in protecting personal data and giving legal clarity. Regulations No. 12/FSAR.03/2021, No. 13/FSAR.03/2021, and No. 14/FSAR.03/2021 regulate digital banking. These provisions have flaws: the ease of obtaining licenses, emphasizing administrative punishments, lack of binding force, and the absence of regulations governing personal data protection in digital banking governance in Indonesia. Therefore, it is urgent to regulate personal data in one specific law.