Data Transfers to the US Remain Subject to Indonesian Rules

13 hours ago 2

February 23, 2026 | 05:29 pm

Prabowo Subianto, prepares to deliver a statement after attending the Board of Peace (BoP) Summit in Washington, Feb. 19, 2026. Antara/Hafidz Mubarak A

TEMPO.CO, Jakarta - Indonesia has stated that the data transfer process agreed upon in the Agreement on Reciprocal Trade (ART) between Indonesia and the United States remains subject to domestic regulations. The domestic regulation referred to is Law Number 27 of 2022 concerning Personal Data Protection (PDP).

The data transfer point is one of the agreements signed by Indonesia and the United States on February 19, 2026. The data transfer agreement is explained in Article 3.2: Data Transfers in Annex III: Specific Commitments, Section 3. Digital Trade and Technology.

According to this article, Indonesia will provide certainty regarding the ability to transfer personal data outside its territory to the U.S. by recognizing the U.S. as a jurisdiction that provides adequate data protection under Indonesian law.

Spokesperson for the Coordinating Ministry for the Economy, Haryo Limanseto, explained that the data referred to in the agreement is the type of data required for business or application systems. According to Haryo, cross-border data transfer is a key infrastructure for e-commerce, digital financial services, cloud, and other digital services. "This means there is no surrender of data sovereignty," said Haryo, quoted from a written statement on Monday, February 23, 2026.

Haryo ensured that the process of transferring data physically, digitally, or via cloud or cable transmission was conducted within a framework of secure and reliable data governance. He said this process is carried out without sacrificing citizens' rights.

The certainty of data transfer regulations is considered to strengthen Indonesia's position as a digital economic hub in the region. Haryo explained that global technology companies require regulations that facilitate cross-border data processing while ensuring adequate data protection. "With credible governance, Indonesia can attract investment in data centers, cloud infrastructure, and other digital services," he said.

As for the PDP Law, it does not prohibit the transfer of personal data from Indonesia abroad. The regulations regarding data transfer are stipulated in Article 56. Paragraph 1 states that Personal Data Controllers may transfer personal data to other controllers or processors outside Indonesia's jurisdiction according to this law's provisions.

According to Article 56, paragraph (2), personal data controllers must ensure that the country in which the controller and/or processor receives the data transfer has equivalent or higher personal data protection than that stipulated in the PDP Law. If this provision is not fulfilled, the personal data controller must ensure that adequate and binding personal data protection is in place.

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