Souad Ahmed Ezzerouali
College of Law, Dhofar University

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Legal Gaps and Risks in Consumer Data Processing: An Analysis of Indonesian E-Commerce under the Personal Data Protection Law Tegar Islami Putra; Adinda Zeranica Putri Fakhis; Anisa Tussaleha; Mahima Umaela Firdhausya; Muhammad Hilmi Naufal Aflah; Souad Ahmed Ezzerouali; Mohamed Cheick Banane
Journal of Private and Commercial Law Vol. 8 No. 2 (2024): November, 2024
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jpcl.v8i2.20081

Abstract

The advancement of information and communication technology has significantly eroded traditional privacy boundaries, particularly within Indonesia’s rapidly growing e-commerce sector. The increasing volume and value of online transactions have intensified the collection and processing of consumer personal data, thereby amplifying legal and commercial risks at every stage of data processing. This study aims to analyze the forms of risks arising at each stage of personal data processing on e-commerce websites, as stipulated in Article 16 of Law No. 27 of 2022 on Personal Data Protection, while also identifying existing legal gaps in its implementation. This research adopts a normative juridical approach, employing library-based legal research focused on statutory and conceptual analysis. The findings demonstrate that distinct risks emerge across different stages of personal data processing, both prior to and following data storage by data controllers. Key risks include non-compliant data collection practices, lack of transparency, excessive and unlawful data collection, as well as unauthorized access, disclosure, modification, misuse, destruction, and loss of personal data. These risks are further exacerbated by ambiguities in regulatory provisions, particularly regarding consent standards, accountability mechanisms, and enforcement. This study contributes to the discourse in private and commercial law by offering a stage-based risk mapping of personal data processing within Indonesian e-commerce, highlighting specific regulatory shortcomings under the Personal Data Protection Law. It provides a nuanced understanding of how legal gaps translate into practical vulnerabilities for consumers. The research also proposes practical mitigation measures, including regular system updates and strengthening the capacity of human resources responsible for data processing, to enhance compliance and consumer data protection in Indonesia’s digital economy.
The Broken Bridge: Are Religious Courts Upholding the Promise of Post-Divorce Support for Women and Children in Indonesia? Ahsanul Fahmi; Arlo Benjamin Scott; Souad Ahmed Ezzerouali; Sergi Fernandez Alejandro
Journal of Private and Commercial Law Vol. 9 No. 2 (2025): November, 2025
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jpcl.v9i2.34530

Abstract

Women and children occupy a distinct and vulnerable position within the Indonesian legal system, particularly in post-divorce situations. Although statutory provisions and Supreme Court regulations establish a normative foundation for protecting their rights, implementation remains inconsistent across judicial practices. This study examines the evolving role of the Religious Courts in ensuring the fulfillment of women’s and children’s rights after divorce. Using a normative juridical method with statute and conceptual approaches, the research explores the gap between legal norms and enforcement. Findings reveal that despite the limited number of divorce rulings explicitly addressing alimony, the Supreme Court has initiated significant reforms through Surat Edaran Mahkamah Agung (SEMA), strengthening judicial authority to defend vulnerable parties. Furthermore, innovative practices observed in the Religious Courts of Surabaya, Gresik, Bengkulu, and Bontang—such as salary deductions, digital monitoring systems, and inter-agency collaboration—demonstrate effective institutional interconnection in enforcing alimony. The novelty of this research lies in identifying an emergent model of cross-sectoral collaboration within the judiciary that bridges normative law and practical enforcement. Its primary contribution extends beyond the Indonesian context by offering an applicable framework for other jurisdictions facing similar challenges in the protection of women and children’s post-divorce rights. This study underscores that institutional synergy and digital governance can serve as globally relevant strategies for achieving sustainable legal protection and advancing social justice.