Yes, Two-party consent recording is legal in Indonesia under strict conditions. The 2008 Law on Electronic Information and Transactions (UU ITE) and 2021 Government Regulation No. 71 require prior consent from all parties in a conversation for recordings to be admissible as evidence. Unauthorized interception or disclosure risks civil liability and criminal penalties under Article 47 of UU ITE, with fines up to IDR 12 billion (≈USD 800,000) or imprisonment for up to 12 years.
Key Regulations for Two-Party Consent Recording in Indonesia
- UU ITE (2008) & Amendments (2021): Mandates explicit consent from all parties before recording electronic communications, including calls and digital messages. Violations trigger administrative sanctions and potential criminal prosecution under Article 47.
- Government Regulation No. 71 (2021): Clarifies that consent must be informed and voluntary, with exceptions for law enforcement under court orders (Pasal 31). Private recordings without consent are inadmissible in civil or criminal proceedings.
- OJK & Kominfo Circulars (2023-2026): Financial sector regulators (OJK) and the Ministry of Communication and Informatics (Kominfo) now require documented consent protocols for call center recordings, aligning with 2026 data protection enforcement priorities.
Enforcement has intensified since 2023, with Kominfo issuing warnings to tech firms and media outlets for non-compliant surveillance practices. Courts increasingly reject recordings as evidence if consent is not demonstrably obtained, per Supreme Court Circular No. 3/2022 on digital evidence standards.