Yes, recording phone calls is legal in Indonesia under strict conditions. The Electronic Information and Transactions Law (UU ITE) permits recordings if at least one party consents, aligning with common-law jurisdictions. However, unauthorized interception or disclosure violates privacy rights under the 2026 Personal Data Protection Law (PDP Law), risking fines up to IDR 6 billion or imprisonment. Businesses must ensure compliance with OJK and Kominfo guidelines to avoid sanctions.
Key Regulations for Recording Phone Calls in Indonesia
- Consent Requirement: Under UU ITE (2008, amended 2026), recordings are lawful only if one party to the call consents. Explicit notice to all parties is recommended to mitigate disputes.
- Privacy Violations: The PDP Law (2026) prohibits unauthorized interception or sharing of recorded calls, classifying such acts as criminal offenses under Article 66 with penalties including imprisonment.
- Sector-Specific Rules: Financial institutions must adhere to OJK Circular No. 18/POJK.03/2016, requiring documented consent for call recordings in customer service interactions.
Practical Compliance Notes:
- Businesses should implement internal policies for call recording, including opt-in disclosures and secure storage under Kominfo’s 2024 Technical Standards for Data Protection.
- Individuals recording personal calls for evidence must ensure the recording does not infringe third-party rights, as courts may exclude illegally obtained evidence under HIR (Indonesian Civil Procedure Code).