The regulation of genetic data in law enforcement: a comparative analysis of forensic genetic genealogy

Abstract

Advances in forensic genetic technology have made genetic data an important tool in modern law enforcement, particularly for identifying perpetrators and solving cold cases. In Indonesia, the use of genetic data has a normative basis in Indonesian National Police Chief Regulation No. 1 of 2024 on the National Criminal Information Center (Piknas), which classifies DNA data as part of criminal perpetrator profiles. However, the regulation remains general and administrative, providing limited provisions on DNA collection, use, privacy protection, and data destruction. This study analyzes the regulation of genetic data use in Indonesia by comparing it with the United States Department of Justice Interim Policy on Forensic Genetic Genealogical DNA Analysis and Searching (2019). Using a normative juridical method with statutory and comparative approaches, the study finds that the DOJ policy provides more comprehensive safeguards, including case requirements, privacy protections, informed consent, restrictions on arrests based solely on genetic associations, and data destruction mechanisms. The study also examines the Draft Law on One Data Indonesia (RUU SDI), which provides general principles of data interoperability and security but does not specifically regulate forensic genetic data. Relevant provisions in Law No. 17 of 2023 on Health, Government Regulation No. 28 of 2024, Law No. 27 of 2022 on Personal Data Protection, Law No. 1 of 2023 on the Criminal Code, Law No. 20 of 2025, and Law No. 1 of 2026 on Criminal Procedure are also considered. The study concludes that Indonesia needs a comprehensive regulatory framework for forensic genetics that incorporates safeguards inspired by the DOJ model while remaining consistent with the national data governance framework under the RUU SDI.