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Journal : The Indonesian Journal of International Clinical Legal Education

Data Protection Impact Assessment Indicators in Protecting Consumer Personal Data on  E-commerce Platforms Tegar Islami Putra; Nurul Fibrianti; Mohammad Raziq Fakhrullah
The Indonesian Journal of International Clinical Legal Education Vol. 6 No. 1 (2024): March
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/iccle.v6i1.2002

Abstract

Efforts to protect consumers' personal data on e-commerce platforms can be carried out by conducting a Data Protection Impact Assessment. This article discusses the indicators of the execution of Data Protection Impact Assessment by pivoting on the rights of personal data subjects based on Law Number 27 of 2022.  This research uses a library research method by focusing on legal materials so that it can be said to be library based. The results show that Data Protection Impact Assessment is explained in Article 34 paragraph (1) of Law Number 27 of 2022 concerning Personal Data Protection which is then further regulated through Government Regulations as mandated by Article 34 paragraph (3). However, the Government Regulation relating to this matter has not yet been ratified, so it still refers to the mandate of Law Number 27 of 2022. This Data Protection Impact Assessment indicator can refer to Article 16 paragraph (2), Article 34 paragraph (1) and (2), Article 35, Article 20 paragraph (2), and Article 27 of Law Number 27 Year 2022. In terms of Data Protection Impact Assessment indicators as the protection of consumer personal data on e-commerce platforms, it can refer to the mandate that explains the rights of personal data subjects and their limitations in a separate article and the form of personal data processing as mandated by Article 34 paragraph (2) of Law No. 27 of 2022.
Review of Child Consumer Protection in the Practice of Online Gambling Games Through the Gacha System Fibrianti, Nurul; Dahlan, Tri Andari; Anitasari, Rahayu Fery; Paramita, Niken Diah; Putra, Tegar Islami
The Indonesian Journal of International Clinical Legal Education Vol. 6 No. 3 (2024): September
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/iccle.v6i3.13198

Abstract

The online game industry is increasingly widespread and diverse in its practices to attract users, one of which is the use of the gacha system. This article discusses the gacha system in online games and its potential impact on children. Gacha, which involves paying for random in-game items, is often compared to gambling due to its elements of chance and the potential for profit. The system triggers dopamine release, making players feel pleasure, but children are particularly vulnerable to its mechanics. The article highlights the lack of juridical protection in Indonesia against online games that use gacha systems. While the Child Protection Law prohibits the economic exploitation of children, there are no specific regulations addressing gacha systems in online games. The authors identify the potential economic exploitation of children through gacha as a significant problem. They suggest two solutions: promoting traditional games with character-building content for children, and providing education on character development when introducing these games. From a legal perspective, the article calls for concrete protection measures for children playing online games with gacha systems. The research uses a normative juridical approach, employing library research based on literature.
Implementation of CNIL’s Basic Logging Measures in Indonesia: A Juridical Study on Personal Data Protection Putra, Tegar Islami; Fibrianti, Nurul; Fakhis, Adinda Zeranica Putri
The Indonesian Journal of International Clinical Legal Education Vol. 7 No. 2 (2025): June
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/iccle.v7i2.21049

Abstract

One of the efforts to realize preventive efforts to prevent all risks of personal data protection is to establish basic precaution logging as a personal data protection strategy that will serve as a guide for parties involved in personal data protection efforts. Indonesia, which has not formulated such a strategy, can make the provisions in France as a reference. The urgency of this research is that there is a mandate in Article 59 letter a of the Personal Data Protection Law in Indonesia for the Institution to formulate and determine policies and strategies for Personal Data Protection as a guide. This research employs the Library Research method, also known as Legal Research, which focuses on analyzing primary and secondary legal materials based on literature. The results show that France already has an institution called CNIL which formulates basic precautions in logging operations to guide personal data protection strategies. As a result, there are 8 basic precautions in logging operations, which are to provide a logging system that can implement and learn by Indonesia, that are: keep these logs for a rolling period of between six months and one year; perform, for application logs, a record of the creation, consultation, sharing, modification, and deletion; inform users; protect the logging equipment and the logged information; ensure the proper functioning of the logging system; ensure that processors are contractually obliged; and actively analyze, in real time or in the short term.