Yes, one-party consent recording is legal in Indonesia under specific conditions, but compliance with telecommunications and privacy laws is mandatory. The Law No. 36 of 1999 on Telecommunications and Government Regulation No. 82 of 2012 permit recordings if at least one party (including the recorder) consents, provided the communication is not intercepted unlawfully. However, the Ministry of Communication and Informatics (Kominfo) has signaled stricter enforcement in 2026, particularly for recordings used in legal proceedings or shared publicly.
Key Regulations for One-Party Consent Recording in Indonesia
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Telecommunications Law (1999): Permits recording if the recorder is a party to the communication, but prohibits interception of third-party communications without consent. Violations may trigger penalties under Article 51 (up to 6 years imprisonment or fines up to IDR 1 billion).
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Privacy Protections (GR 82/2012): Mandates that recorded communications must not infringe on personal data rights (Pasal 26). Unauthorized dissemination of recordings risks liability under the Personal Data Protection Law (PDP Law, 2022).
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2026 Compliance Shifts: Kominfo’s draft Telecommunications Security Guidelines (2025) proposes mandatory logging of all recordings for 12 months and prior notification to parties if recordings are to be used in evidence. Non-compliance may result in license revocation for businesses.
Note: While one-party consent is permissible, courts may exclude recordings if obtained through deception or if they violate Pasal 310–311 of the Penal Code (defamation). Always verify jurisdiction-specific interpretations, as local prosecutors occasionally challenge recordings under broader privacy arguments.