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All Journal Veritas et Justitia PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) Integritas: Jurnal Antikorupsi
Sembiring, Patricia Edina
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Education Law, Crime, Criminology & Criminal Justice

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IMPLEMENTASI DESAIN PRIVASI SEBAGAI PELINDUNGAN PRIVASI ATAS DATA BIOMETRIK Sembiring, Patricia Edina; Ramli, Ahmad M.; Rafianti, Laina
Veritas et Justitia Vol. 10 No. 1 (2024): Veritas et Justitia
Publisher : Faculty of Law, Parahyangan Catholic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25123/vej.v10i1.7622

Abstract

Attention to biometric data security has become urgent for protecting user privacy. In the context of the Protection of Data Privacy (PDP) Law, biometric data are classified as specific data, requiring extra protection due to their unique, non-exchangeable characteristics. This study uses a normative approach, analyzing legislation and legal comparisons through regional and international regulations, to examine two issues: the position of biometric data as specific data under the Electronic Information and Transactions Law and PDP Law, and the technical solutions through privacy by design to protect biometric data. The research findings are: (1) Biometric data are correlated with privacy and personal rights, classifying them as specific data. Their use for public and private interests raises the potential for privacy violations. (2) Technical solutions through privacy by design can begin with implementing consent at the registration stage by personal data controllers, ensuring the processing of biometric data achieves specific purposes.
Legal Protection vs. Nuisance Messages in Online Transportation Application Services: the Right to Object as a Solution? Sembiring, Patricia Edina; Ramli, Ahmad M; Rafianti, Laina
PADJADJARAN JURNAL ILMU HUKUM (JOURNAL OF LAW) Vol 12, No 1 (2025): PADJADJARAN JURNAL ILMU HUKUM (JOURNAL OF LAW)
Publisher : Faculty of Law, Universitas Padjadjaran

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Nuisance messages, a form of unsolicited communication, often occurs between drivers and users of online transportation application services. The transmission of such messages represent a violation of privacy, infringing upon users' autonomy to control the information they receive and potentially causing both psychological and physical harm. Despite the fact, Indonesian law lacks explicit normative regulations addressing nuisance messages. Facing this condition, online transportation application services must must ensure user safety by providing a mechanism for users to object and avoid receiving such messages. This study aims to address two primary questions. Firstly, what forms of legal protection are currently available against nuisance messages under Indonesian positive law? Secondly, how can online transportation application service providers implement the right to object in order to optimize the protection of user privacy and personal data? This study employed a juridical-normative method with descriptive analysis to address the questions. The results indicate that Indonesian positive law can only refer to whether messages are sent in good faith and whether spam messages are sent in bulk. These can cause misinterpretation for providers and users. However, nuisance messages sent during the provision of a service demonstrate bad faith on the part of the driver. Therefore, to protect users, online transportation application services should implement a right to object through an electronic contract, thereby granting users greater control and balance.
IMPLEMENTASI DESAIN PRIVASI SEBAGAI PELINDUNGAN PRIVASI ATAS DATA BIOMETRIK Sembiring, Patricia Edina; Ramli, Ahmad M.; Rafianti, Laina
Veritas et Justitia Vol. 10 No. 1 (2024): Veritas et Justitia
Publisher : Faculty of Law, Parahyangan Catholic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25123/vej.v10i1.7622

Abstract

Attention to biometric data security has become urgent for protecting user privacy. In the context of the Protection of Data Privacy (PDP) Law, biometric data are classified as specific data, requiring extra protection due to their unique, non-exchangeable characteristics. This study uses a normative approach, analyzing legislation and legal comparisons through regional and international regulations, to examine two issues: the position of biometric data as specific data under the Electronic Information and Transactions Law and PDP Law, and the technical solutions through privacy by design to protect biometric data. The research findings are: (1) Biometric data are correlated with privacy and personal rights, classifying them as specific data. Their use for public and private interests raises the potential for privacy violations. (2) Technical solutions through privacy by design can begin with implementing consent at the registration stage by personal data controllers, ensuring the processing of biometric data achieves specific purposes.
Menilai pemberlakuan pembuktian terbalik pada tindak pidana pencucian uang sebagai kejahatan proxy di dalam aset Kripto Sembiring, Patricia Edina
Integritas: Jurnal Antikorupsi Vol. 10 No. 1 (2024): INTEGRITAS: Jurnal Antikorupsi
Publisher : Komisi Pemberantasan Korupsi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32697/integritas.v10i1.1033

Abstract

Perpetrators of money laundering have found a new medium by using crypto assets to launch their actions. Money laundering is a proxy crime as a manifestation of actions aimed to covering up crimes secretly, especially using third parties as intermediaries. Therefore, by using this new complexity mechanism, it will be increasingly difficult for law enforcers to prove money laundering crime. This difficulty occurs due to the anonymity of crypto assets so that the perpetrators can easily carry out their actions. In using normative juridical research methods and a conceptual approach, this research aims to look again at the use of evidentiary mechanisms in dealing with money laundering, mainly when carried out through crypto assets. Based on the research results, the implementation of stand-alone money laundering in Article 69 and reversal burden of proof in Article 77 on the Law of Money Laundering is considered ineffective in ensnaring perpetrators on crypto assets because: (1) they will have difficulties in finding the subjective and objective elements of the perpetrator, (2) the practice of reversal burden of proof evidence is still unclear in Indonesia. Meanwhile, re-enforcing negative evidence based on law can be implemented as a form to handle money laundering perpetrators in crypto-asset transactions.
Co-Authors Ahmad M. Ramli Laina Rafianti Ramli, Ahmad M