Kominfo Regulations on Data Centers: Legal Aspects in Indonesia

However, the increase in the volume and complexity of personal data requires strong governance standards to ensure data confidentiality, integrity, and protection from the risk of misuse. To address these challenges, the government has developed a series of regulations and legal frameworks governing the operation of data centers, including Kominfo regulations on data centers, compliance obligations, and oversight mechanisms.

This article provides a comprehensive guide on the legal basis, technical obligations, compliance implementation processes, and best practices that can be applied by electronic system operators (PSE) and data center service providers.

Legal Framework and Regulations for Data Centers in Indonesia

To understand the mechanisms of data center management, it is important to look at the regulations that form its foundation. These regulations govern not only technical aspects, but also legal aspects, data storage locations, privacy protection, and government oversight.

1. Personal Data Protection Law (PDP Law No. 27/2022)

The PDP Law is the main legal framework that regulates the collection, processing, storage, and distribution of personal data in Indonesia. This law is designed to provide legal certainty for data owners and organizations that manage such data.

Key points of the PDP Law related to data centers:

• Personal data must be processed on the basis of valid consent.
• System administrators are required to clearly communicate the purpose of data collection.
• Data subjects have the right to access, correct, delete data, withdraw consent, etc.
• The confidentiality of personal data must be maintained through technical and organizational security standards.
• Violations of personal data protection may be subject to administrative or criminal penalties.

Therefore, data centers must have strict access controls, encryption systems, and documented security policies.

2. Government Regulation No. 71 of 2019 concerning the Implementation of Electronic Systems and Transactions (PSTE)

This PP replaces PP 82/2012 and is the main reference regarding data storage locations and the classification of electronic system operators.

This means:

• Not all data is required to be stored in Indonesia.
• However, for government data, strategic data, and public services, the location of the data center must be within the territory of Indonesia.

3. Ministry of Communication and Information Technology Regulation No. 4 of 2016 concerning Information Security Management

This regulation stipulates that electronic system operators must implement an Information Security Management System (ISMS) based on ISO/IEC 27001.

Implications for data centers:

• Data centers must have formal security policies.
• Security audits must be conducted periodically.
• Security risks must be monitored through an automated system.

4. Additional Relevant Regulations

Read also: Understanding Encryption: Types, How It Works, and Its Benefits

Technical Provisions in the Ministry of Communication and Information Technology Regulation on Data Centers

To ensure service quality and security, data center providers and managers must meet the following technical requirements:

1. Licensing and Certification

System administrators are required to:

• Register as a PSE through Kominfo.
• Possess system security certification (such as ISO 27001, SOC 2, or Tier Data Center TIA-942).
• Provide audit documentation to regulators upon request.

2. Data Security and Protection Standards

Security is implemented through a combination of:

3. Reporting and Audit Requirements

• Data breaches must be reported within 24 hours to the Ministry of Communication and Information Technology.

• Internal security audits must be conducted at least every 12 months or once a year.

• Compliance reports must be documented and available for evaluation by regulators.

Regulatory Implementation by Data Center Managers

Before building or operating a data center, the operator must ensure technical and administrative readiness.

1. Licensing and Formal Compliance Process

• PSE registration through OSS/RBA Kominfo

• Initial assessment of security and infrastructure

• Establishment of internal data security policies

2. Strengthening Physical and Cyber Security

• Segmented server room layout

• Backup and disaster recovery sites in Indonesia

• Real-time monitoring of threats

3. Data Management in accordance with National and International Standards

• Transparency in data collection

• Protection of personal data confidentiality through encryption and access rights control

• Compliance with data owner rights in accordance with the Personal Data Protection Law

Read also: Understanding Tier 3 Data Centers and Their Advantages

Challenges and Solutions in Compliance Implementation

Best Practices for Data Centers in Indonesia

1. Implement ISO/IEC 27001 and NIST Cybersecurity Framework.

2. Develop a Business Continuity Plan (BCP) and Disaster Recovery Plan (DRP).

3. Conduct penetration testing and vulnerability assessments on a regular basis.

4. Use data encryption at rest and in transit.

5. Improve the security literacy of all staff.

The Ministry of Communication and Information Technology's regulations on data centers provide a clear legal framework to ensure the protection of personal data, the security of electronic systems, and the sustainability of national digital operations. By understanding the PDP Law, PP 71/2019, and security standards, Indonesian data center managers can implement effective compliance while increasing the trust of users and business partners.

Compliance with regulations is not only a legal obligation but also a reputation and competitiveness strategy in the era of digital transformation.

Regulatory Compliance as the Foundation of Data Center Security and Reliability

Understanding and complying with Kominfo regulations on data centers is not only a formal legal step, but also a key pillar in building digital trust in Indonesia. Amidst increasing risks of data leaks, cyber attacks, and increasingly complex compliance requirements, organizations need solutions that can ensure service continuity while meeting national security standards. One important effort is to ensure the availability of a reliable disaster recovery plan so that operations can continue even in the event of a disruption.

For this reason, Cloudmatika Disaster Recovery serves as a strategic solution for companies seeking to strengthen compliance while safeguarding business continuity. With local infrastructure in Indonesia, automatic backup systems, data replication, and rapid recovery support, this service ensures that data remains secure, available, and compliant with Kominfo and PDP regulations. Structured Disaster Recovery implementation not only minimizes downtime but also provides peace of mind for organizations facing operational challenges in the modern digital era.

Enhance data security and meet regulations more easily with Cloudmatika!