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All Journal Law and Democracy Insight
Fatin Amiroszati
Universitas Amikom Yogyakarta, Yogyakarta

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Constitutional Rights Protection in Digital Transformation: A Normative Legal Analysis Alfid Diaz Fernanda; Fatin Amiroszati; Muhammad Lukmanul Hakim; Mas'udi
Law and Democracy Insight Vol. 2 No. 2 (2024): December 2024
Publisher : Integra Academic Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63208/21015-314

Abstract

Digital transformation has fundamentally reshaped the interaction between the state, society, and digital platforms, while simultaneously creating new challenges for the protection of citizens' constitutional rights. This study aims to analyze the effectiveness of the existing legal framework and the urgency of strengthening regulations in safeguarding constitutional rights in the digital era. The research employs a normative juridical method using statutory and conceptual approaches, supported by a literature review of scholarly sources indexed in Google Scholar from the last five years. The findings indicate that Indonesia has established a relatively comprehensive legal foundation through the 1945 Constitution of the Republic of Indonesia, Law No. 27 of 2022 on Personal Data Protection, and Law No. 11 of 2008 on Electronic Information and Transactions as amended by Law No. 1 of 2024. However, the effectiveness of these regulations remains constrained by enforcement gaps, institutional limitations, and the rapid evolution of digital technologies. Moreover, emerging risks such as personal data breaches, digital surveillance, and technological inequality highlight the urgency of strengthening regulatory frameworks that are more adaptive and human rights-based. The study concludes that a digital constitutionalism approach is essential to ensure that constitutional rights protection remains effective amid ongoing digital transformation.
Legal Protection of Customers' Personal Data in Online Loan Collection in Indonesia Fatin Amiroszati; Muhammad Lukmanul Hakim; Mas'udi Mas'udi; Alfid Diaz Fernanda
Law and Democracy Insight Vol. 3 No. 1 (2025): June 2025
Publisher : Integra Academic Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63208/21015-395

Abstract

The development of online loan services in Indonesia provides easy access to financing, but it also creates legal issues regarding the protection of customers personal data, particularly during the collection process. The disproportionate use of personal data, the dissemination of information to third parties, and collection actions containing threats can harm customers privacy and security rights. This study aims to analyze the legal regulation of customers personal data protection in online loan activities in Indonesia, the forms of legal protection for personal data in the collection process, and the legal liability of operators for the misuse of customers personal data. The study employs a normative legal method with statutory and conceptual approaches. Legal materials were analyzed qualitatively by connecting applicable legal provisions with the results of previous studies published over the last five years. The results indicate that the protection of customers personal data has been strengthened through Law Number 27 of 2022 on Personal Data Protection and financial services sector regulations. Collection must be conducted lawfully, proportionally, transparently, and with respect for the customer's right to privacy. The misuse of personal data can incur legal liability for the violating parties.
Co-Authors Alfid Diaz Fernanda Mas'udi Mas'udi Mas'udi Muhammad Lukmanul Hakim