Legal Problems Of The Misuse Of Electronic Identification Card (E-Ktp) Data In The IndonesianGeneral Election

Abstract

The Electronic Identification Card (KTP-elektronik) has been developed during the implementation process of e-government in Indonesia. Consecutively, a national population database had been built to provide personnel identification services to the public using a biometric technology. Arguably, the implementation of electronic identification card programme can be seen as a breakthrough in the demographic management in Indonesia. The concept of KTP-elektronik involves the use of an Identity Number (NIK), which is applied nationally as a Single Identity Number (SIN) through the an integrated computer technology and database. The implementation of KTP elektronik aims to ensure legal certainty, to avoid private data duplication, to achieve data security and efficacy in the demographic management in Indonesia. This work applies the normative juridical method This type of research required the collection of secondary data reinforced by obtaining primary data through interviews using the non-random Probability Sampling technique. The preliminary result shows that the regulation regarding the storage and management of population data in KTP-elektronik has been in accordance with the Law Number 24 of the Year 2013 on Amendments to Law No. 23 of 2006 concerning Indonesian Population Administration. This Act regulates, among others, data on physical and/or mental disabilities, fingerprints, description of the iris, signature and other data elements that constitute a person’s individuality. The Civil Authority, namely the Directorate General for Civil Registration and Management “Dukcapil” Ministry of Interior, is responsible for recording, storing, managing the access to the citizen data in the internal storage. In the context of the Indonesian Electoral Constellation (Konstelasi Pemilu), there had been many violation cases, such as abusive conduct of falsifying the citizen data to favour a particular candidate or candidates in the General Election. Accordingly, pursuant to Article 206 paragraph (3) of the Law Number 7 year of 2017, this abusive conduct had not constituted a criminal offence. However, this work argues that the abusive conduct violates Article 22E and Article 28D of the Indonesian 1945 Constitution.