[PRESS RELEASE] Electronic Law Traffic Enforcement (E-LTE): The New Law Enforcement Action or Breach of Privacy? | Difussion #52
August 9, 2021 6:18 pm ||
Yogyakarta, May 31st, 2021 — Electronic Law Traffic Enforcement or e-LTE is National Police Chief Listyo Sigit Prabowo’s program to overcome traffic violations in Indonesia. However, e-LTE as a solution and innovation triggers pros and cons, particularly from the viewpoint of Indonesian law. To discuss more on the polemic of e-LTE implementation in Indonesia, Center for Digital Society (CfDS) with Law Faculty of Universitas Muhammadiyah Magelang held the Difussion #52 titled “Electronic Law Traffic Enforcement (E-LTE): The New Law Enforcement Action or Breach of Privacy?”. Moderated by Muh. Prasetyo, Difussion #52 invited two amazing speakers, Dr. Dyah Andriantini Sintha Dewi, SH., M.Hum as dean of the Faculty of Law, Universitas Muhammadiyah Magelang, and Perdana Karim as a research assistant at CfDS. The event was held using the Google Meet platform and broadcasted live through Youtube Livestream (link: https://youtu.be/XpkBfXa1dk0).
How is the Implementation of E-LTE Seen from Indonesia’s Technology Law Point of View?
Every policy has a legal basis. Dyah explains that the implementation of e-LTE in Indonesia is based on Law Number 22 of 2009 concerning Road Traffic and Transportation and Government Regulation Number 80 of 2012 concerning Procedures for Inspection of Motorized Vehicles on the Road and Enforcement of Traffic and Road Transportation Violations. Referring to Article 272 Law Number 22 of 2009, recording of circuit-closed television (cctv) camera as an electronic device can be used as evidence in court. Later on, Article 23 Government Regulation Number 80 of 2012 shows that e-LTE violations advisory are based on the report or cctv recording.
It can be concluded that rules concerning law enforcement should be in line with principles to resolve problems about fairness, law certainty, and usefulness. In the context of e-LTE, fairness can be seen when two people do the same violations. Certainty of law is shown when the regulation could be comprehended by society. Lastly, usefulness means effectiveness, such as the ability to pay the fine from home.
Is There Privacy Breach on the Implementation of e-LTE?
Karim explained that e-LTE is not about the breach of privacy law. “At the very least, this is the effort to protect society. The questions are about governance and warrant when the e-LTE data are leaked,” he said. Therefore, the problem is not the privacy breach but the guarantee of society’s data security if e-LTE is implemented in Indonesia. As long as Indonesia still cannot handle it, e-LTE would precisely worsen the Government’s image. Mirroring to countries who had applied e-LTE, they already have a comprehensive personal data law, for example, in the United Kingdom (United Kingdom General Data Protection Regulation), in Singapore (Personal Data Protection Protocol), as well as in Australia. So, there is a guarantee that the data will be managed and stored securely.
Will the Implementation of e-LTE in Indonesia Be Effective?
The regulation must be addressed with optimism. But, it is crucial to look closely at the structure, system, and law culture to know the rule’s effectiveness. Dyah added the reflective questions, “Have the rules been in accordance with the conditions, desires, and needs of both the community and the government in providing community protection? Are the authorities themselves ready? We also need to see the legal culture in the community.”
The efficiency of e-LTE must also be supported by continuous socialization in advance, followed by evaluation. In addition, it requires cooperation between government and society so that both parties are aware of the policy’s goal, which is to ensure law order and driving safety. In the end, the application of technology can become something that is not neutral, especially if there is a political element, including in e-LTE. However, the use of technology in the traffic law enforcement process can reduce subjectivity due to the presence of robots or machines that supervise.
As the country that has just implemented e-LTE, Indonesia requires careful readiness, both from the apparatus and the society’s mentality. The success of e-LTE will lead to a more orderly society in traffic so that it has an impact on reducing the number of accidents. Therefore, comprehensive regulations are still needed as a guarantee for personal data management that has been collected. Moreover, providing a sense of security for the community is also essential to improve the image of the Indonesian government, especially concerning data protection.
Author: Septiana Noor Malinda
Editor: Ruth Simanjuntak & Aridiva Firdharizki