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Protection of Data Privacy in The Era of Artificial Intelligence in The Financial Sector in Indonesia Sinta Dewi Rosadi; Siti Yuniarti; Rizki Fauzi
Journal of Central Banking Law and Institutions Vol. 1 No. 2 (2022)
Publisher : Bank Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21098/jcli.v1i2.18

Abstract

The concept of privacy has broad ramifications, and it is implemented in a number of disciplines, ranging from philosophy to computer science, political science and legal science. This paper covers the impact of artificial intelligence on privacy protection, especially in the finance sector. Privacy protection is associated with control over information about personal data, also known as private information. This research is a normative legal research of analytical nature, and it is conducted by studying and interpreting theoretical matters relating to the principles, conceptions, doctrines and legal norms pertaining to the problems. The results of this research show that the concept of privacy in the era of artificial intelligence in Indonesia is best achieved by combining comprehensive rules with self-regulation to serve as a balancing agent between laws and technology in order to control and fulfill the protection of personal data in the era of artificial intelligence.
Peran Lembaga Pengawas dalam Memberikan Pelindungan Data Pribadi Anak Ditinjau Menurut Perbandingan Undang-Undang Nomor 27 Tahun 2022 tentang Perlindungan Data Pribadi dan Personal Information Protection Act 2011 Korea Selatan Sevina Aullia Putri; Sinta Dewi Rosadi; Betty Rubiati
Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora Vol. 2 No. 1 (2025): Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/aliansi.v2i1.785

Abstract

The rapid development of digital technology has a significant impact on people's lives, including children's lives. Due to the use of this technology, protecting children's personal data has become an important issue in the current digital era, where children are vulnerable to the misuse of their personal data. The aim of this research is to examine the role of supervisory institutions in providing protection for children's personal data in Indonesia and to analyze it in comparison with the Personal Information Protection Act (PIPA) in South Korea. This research employs a normative legal approach. The legal materials used in this study focus on primary legal sources in the form of legislation, secondary legal sources such as literature, books, and journals, tertiary legal sources including Black’s Law Dictionary and the Indonesian Language Dictionary, as well as legal comparisons between Indonesia and South Korea. The results of this study indicate that the law in Indonesia has not fully provided adequate protection for personal data, particularly regarding the establishment and role of supervisory institutions, which have not yet been formed as a means of safeguarding children's personal data. In contrast, the regulations in South Korea provide more detailed provisions regarding the protection of children's personal data, along with an effectively functioning supervisory body known as the Personal Information Protection Commission (PIPC).
Pelindungan Hak Subjek Data Pribadi dalam Kebijakan Penggunaan Ulang Nomor Telepon Seluler Ditinjau Menurut Hukum Positif Indonesia Khalda Alifia Azzahra; Sinta Dewi Rosadi; Tasya Safiranita Ramli
JURNAL HUKUM, POLITIK DAN ILMU SOSIAL Vol. 4 No. 2 (2025): Juni: JURNAL HUKUM, POLITIK DAN ILMU SOSIAL
Publisher : Pusat Riset dan Inovasi Nasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/jhpis.v3i3.3954

Abstract

The practice of reusing mobile phone numbers leads to the transfer of data from previous users to new users of the number, which poses potential risks to privacy and personal data security. This study aims to identify the legal protections for the rights of personal data subjects and the implementation of personal data protection by telecommunications service providers in the policy of reusing mobile phone numbers under positive law in Indonesia. This study uses a normative and comparative juridical approach method with a descriptive-analytical research specification. Data collection techniques are carried out through literature studies. The data analysis method used is qualitative juridical. The results of the study show that the lack of enactment of derivative regulations of the PDP Law can lead to errors and legal loopholes in the application of articles in the PDP Law and in the implementation of personal data protection. Compared to the regulations in Australia, Indonesia has not yet provided adequate protection for the rights of personal data subjects of users in the practice of reusing mobile phone numbers. This can be seen from the many problems that arise in this practice, so it is necessary to make special regulations that regulate the policy on the reuse of mobile phone numbers.
The Urgency of Regulating the Transparency Principle of the 'AI System' in Indonesia: The Phenomenon of Self-Preferencing and Regulation in the European Union Ratih Mulia Fazriati; Sinta Dewi Rosadi; Prita Amalia
Journal of Law, Politic and Humanities Vol. 5 No. 3 (2025): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v5i3.1485

Abstract

This research discusses the phenomenon of self-preferencing by artificial intelligence (AI) technology in the e-commerce sector in Indonesia, as well as a comparison with regulations in the European Union. AI as an automated decision-making tool has been adopted by e-commerce platforms to improve efficiency and service personalization. However, some e-commerce platforms use AI for self-preferencing practices, such as Shopee's practice with SPX couriers. This practice raises issues of unfair business competition and threatens the transparency principle of technology utilization. This research analyzes relevant regulations such as UU ITE, PP PSE, and PP E-Commerce by conducting a comparative study of regulations in the European Union such as the Artificial Intelligence Act, Digital Market Act, and P2B Regulation. This research shows that AI is constructed as an electronic agent whose utilization must be in line with the principles contained in the ITE Law. In the ITE Law, the principle of transparency for electronic agents is not regulated. This is different from regulations in the European Union which regulate the principle of transparency as a form of legal certainty for business actors in the e-commerce platforms.
Perbandingan Penerapan Prinsip Transparansi Antara Indonesia dengan Irlandia dalam Hal Terjadinya Kegagalan Pelindungan Data Pribadi Marsya Iffah Erisar Raib; Sinta Dewi Rosadi; Amelia Cahyadini
Eksekusi : Jurnal Ilmu Hukum dan Administrasi Negara Vol. 3 No. 2 (2025): Eksekusi: Jurnal Ilmu Hukum dan Administrasi Negara
Publisher : Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/eksekusi.v3i2.1815

Abstract

The implementation of the principle of transparency in personal data protection is a crucial aspect in ensuring data subjects right to information relating to the processing of their data. Indonesia has enacted the Personal Data Protection Law (PDP Law) as a legal framework to protect citizens personal data. However, the implementation of the transparency principle in the PDP Law still faces various challenges, including the lack of notification data breach. This research aims to analyze the implementation of the principle of transparency in the event of personal data breach in Indonesia by taking the practice in Ireland as a benchmark for comparison. Ireland, as part of the European Union that adopted the General Data Protection Regulation (GDPR), has a higher level of a transparency and more rigorous enforcement mechanisms. In this research, the author uses a normative juridical method with a descriptive-analytical approach and collects data through literature study and semi-structured interviews. The results of this research show that although the PDP Law regulates the obligation regarding transparency in the event of a data breach, its implementation has proven to be ineffective due to the lack of awareness of data controllers and the absence of implementing regulations. This contrasts with Ireland, which has a better implementation as it is equipped with several supporting factors, including the existence of an independent authority. Therefore, it is necessary to strengthen regulations, establish independent supervisory institutions, and increase the awareness and compliance of data controllers to achieve a more optimum protection of personal data.
The User’s Position as Personal Data Controller in the Utilization of Electronic Systems in the Form of Messaging Applications in Review of Law Number 27 of 2022 concerning Personal Data Protection Jonathan Matthew; Sinta Dewi Rosadi; Amalia, Prita
Journal of Law, Politic and Humanities Vol. 5 No. 4 (2025): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v5i4.1682

Abstract

In its development, privacy as the right to be let alone and privacy right has now been recognized and regulated more comprehensively and specifically in Law Number 27 of 2022 on Personal Data Protection (UU PDP), along with the increasing use of messaging applications as a digital communication medium by the public. In its general use, there is a flow of information, transmitted by and between users, which can be in the form of electronic documents and often simultaneously can contain personal data (privacy). In the transmission of information flows involving personal data, it can be seen that there are users who collect and process personal data (recipients of personal data), and there are users who are interlocutors, who also send personal data to recipients (senders of personal data). This research is conducted using normative juridical method and will discuss the position of the user of the messenger application as the controller of personal data in the utilization of the messenger application and its legal consequences according to the PDP Law. From the results of the research, it can be seen that the user of a messaging application who collects and processes personal data (recipient of personal data) of their interlocutor can act as a personal data controller in the context of the PDP Law, if the user manages personal data and determines the reasons (why and how) for the management. The legal consequences that arise include the regulatory provisions in the PDP Law, especially those relating to the obligations of personal data controllers, which apply to users in their position as personal data controllers, as well as legal liability in the event of unlawful acts against personal data.