Reconstruction of the Criminal Sanctions System Regulation for Personal Data Protection Based on Justice Values
Year: 2025
Type: article
Abstract: The purpose of this study is to analyze and find the weaknesses in regulations on the criminal sanction system for personal data protection in Indonesia and how to reconstruct regulations on the criminal sanction system for personal data protection based on the value of justice using constructivism paradigm with a socio-legal research approach method to solve research problems by examining secondary data and primary data by finding the legal reality experienced in the field and qualitative descriptive methods, where later the data will be presented descriptively. The result shows that the protection is weak, because there is incomplete law in Article 12 of the Personal Data Protection Law. This results in uncertainty in the aspect of law enforcement, especially in Article 67 and Article 68 in terms of imposing compensation when there is a failure to protect personal data, added with the inequality in the formulation of sanctions that can be applied to the public and private sectors, legal culture, namely digital literacy in society is still low, so that many individuals do not fully understand the importance of personal data protection and its implications in the digital environment. Therefore, the Legal Reconstruction proposed by the author is carried out on the addition of one paragraph to Article 67 paragraph (4) which contains the Provisions as referred to in paragraph (1), paragraph (2) and paragraph (3). the judge is obliged to determine the amount of compensation payment. Reconstruction is also carried out in Article 68 so that it becomes paragraph (2) The provisions as referred to in paragraph (1) the judge is obliged to determine the amount of compensation payments.
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W4408157193