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Konstitusionalisasi Tata Kelola Digital: Implementasi Undang-Undang Perlindungan Data Pribadi dalam Perspektif Hukum Teknologi Informasi Kiki Firmantoro
KANGMAS: Karya Ilmiah Pengabdian Masyarakat Vol 6 No 3 (2025): KANGMAS: Karya Ilmiah Pengabdian Masyarakat
Publisher : Neolectura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37010/kangmas.v6i3.2226

Abstract

This study examines the constitutionalization of digital governance through the implementation of Law No. 27 of 2022 on Personal Data Protection (UU PDP) within three corporate contexts in Indonesia. Using a normative-empirical approach grounded in information technology law, the research analyzes governance responses in a national manufacturing company and two publicly reported cyber incidents involving major financial and e-commerce institutions affected by phishing and data breaches. These cases demonstrate structural weaknesses in digital risk management that resulted in operational disruption, financial loss, and reputational harm. The findings indicate that compliance with UU PDP requires more than procedural adjustment; it necessitates embedding constitutional privacy principles into corporate digital architecture. Effective protection depends on risk-based governance, privacy-by-design integration, and institutional accountability to transform regulatory compliance into sustainable constitutional digital governance
The Binding Effect of Constitutional Court Decisions on Police Regulations (An Analysis of Constitutional Court Decision No. 114/PUU-XXIII/2025) Kiki Firmantoro
IBLAM LAW REVIEW Vol. 6 No. 1 (2026): IBLAM LAW REVIEW
Publisher : Lembaga Penelitian dan Pengabdian Kepada Masyarakat (LPPM IBLAM)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52249/ilr.v6i1.658

Abstract

This study examines the binding force of Constitutional Court decisions on administrative regulations issued by the Indonesian National Police, with particular attention to the normative consistency between Police Regulation No. 10 of 2025 and the constitutional meaning articulated in Constitutional Court Decision No. 114/PUU-XXIII/2025. A normative legal research approach is employed through the analysis of constitutional norms, the hierarchy of laws and regulations, doctrines of constitutional and administrative law, and constitutional adjudication. The analysis demonstrates that Constitutional Court decisions possess substantive binding force, requiring the internalization of the ratio decidendi as a normative standard in the formulation of implementing regulations. Normative inconsistency between police regulations and constitutional standards risks generating vertical normative conflicts, undermining constitutional supremacy, and weakening the principles of the rule of law and constitutional democracy
Perlindungan Hukum Pihak Ketiga sebagai Kontak Darurat tanpa Persetujuan pada Aplikasi Pinjaman Online Zahra Putri Anggiana; Kiki Firmantoro
HUMANIORUM Vol 4 No 3 (2026): Jurnal Humaniorum
Publisher : PT Elaborium Elevasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37010/hmr.v4i3.176

Abstract

Technology-based peer-to-peer lending services provide rapid access to financing while requiring extensive personal-data processing. A recurring legal problem arises when a borrower lists a third party’s phone number as an emergency contact without the data owner’s consent and the number is subsequently used in collection activities. This normative legal research employs statutory and conceptual approaches to examine the legal status of the third party, the duties of a licensed lending service provider, and the allocation of administrative, civil, and criminal liability. The study finds that a third-party phone owner is a personal-data subject and does not become a debtor or guarantor merely because the number is listed. Under Financial Services Authority Circular Letter No. 19/SEOJK.06/2025, a provider must confirm and obtain the emergency contact owner’s consent, explain the submitted data and associated risks, document the confirmation and consent, and may use the contact only to confirm the borrower’s whereabouts rather than to collect the debt. Preventive protection therefore rests on verification, purpose limitation, documentation, and supervision, while repressive protection includes cessation or deletion requests, regulatory complaints, compensation claims, and sanctions. Liability must be attributed to each actor and is not automatic: administrative sanctions concern licensed providers, civil liability requires proof of an unlawful act, fault, loss, and causation, and criminal liability arises only when the statutory elements and culpability are proven.