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All Journal Jurnal Hukum dan Peradilan Jurnal Dinamika Hukum
Atmaja, Vanessa Riarta
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Economics, Econometrics & Finance Environmental Science Law, Crime, Criminology & Criminal Justice

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Personal Data Protection in Private Sector Electronic Systems for Businesses: Indonesia vs. South Korea Silviani, Ninne Zahara; Shahrullah, Rina Shahriyani; Atmaja, Vanessa Riarta; Hyun, Park Ji
Jurnal Hukum dan Peradilan Vol 12 No 3 (2023)
Publisher : Pusat Strategi Kebijakan Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.12.3.2023.517-546

Abstract

This paper explores the various practices surrounding the legal framework for protecting personal data in the context of private electronic systems used by commercial companies. The research's main focus is the ambiguity of the goals of Indonesia's Electronic System providers and how they may adopt better practices to enhance data protection within Electronic System Providers, so this extensive examination also includes a thorough comparison of the personal data protection laws in South Korea and Indonesia. This investigation aims to carefully define, evaluate, and harmonize the two countries' unique legal systems. This study uses a normative legal research framework with a Teleological and Legal Protection approach as its research technique. Additionally, it uses the comparative law method to clarify, outline, and examine the specifics of the personal data protection laws that are now in force in Indonesia and South Korea. The results of this research go beyond identifying problems; they are expected to produce a thorough understanding of the complexities surrounding personal data security in the context of electronic commerce. These discoveries are well-positioned to be the foundation for upcoming regulatory improvements, eventually encouraging more potent and reliable data protection procedures in both nations.
The Algorithmic Dilemma: Online Gambling Blocking and Data Privacy in Indonesia's E-Government Atmaja, Vanessa Riarta; Shahrullah, Rina; Situmeang, Ampuan
Jurnal Dinamika Hukum Vol 26 No 1 (2026)
Publisher : Faculty of Law Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2026.26.1.17845

Abstract

The rapid proliferation of online gambling in Indonesia has prompted the Ministry of Communication and Informatics to implement large-scale algorithmic blocking measures, creating a critical tension between cybersecurity enforcement and citizen data protection. This study investigates the unintended consequences of these automated blocking mechanisms on government digital infrastructure that hosts personal data. Using normative legal research methodology with a conceptual approach grounded in Gustav Radbruch's legal philosophy which emphasizes. The research analyzes primary legal materials, including the Electronic Information and Transactions Law and implementing regulations, supplemented by secondary data from policy documents and case studies of breached government websites. Results demonstrate that while algorithmic blocking has successfully reduced gambling site accessibility by over 80%, it has simultaneously compromised data security indiscriminately blocking compromised government portals without adequate due process mechanisms. The absence of transparent algorithmic criteria in the TRUST+Positif system and the lack of procedural safeguards have created legal uncertainty and disproportionate impacts on public service delivery. The study concludes that Indonesia's current approach prioritizes technical utility over justice and legal certainty, necessitating regulatory reforms that balance cybersecurity objectives with constitutional privacy protections through precision-based blocking, algorithmic transparency requirements, and independent oversight mechanisms to ensure digital governance that respects fundamental rights while effectively combating online gambling.
Co-Authors Hyun, Park Ji Rina Shahriyani Shahrullah Shahrullah, Rina Silviani, Ninne Zahara Situmeang, Ampuan