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Penyelesaian Sengketa Perlindungan Data Pribadi Melalui Arbitrase di Era Society 5.0 Claudia, Zulian
Jurnal Supremasi Volume 14 Nomor 2 Tahun 2024
Publisher : Fakultas Hukum, Universitas Islam Balitar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35457/supremasi.v14i2.2794

Abstract

The advancement of technology in the Society 5.0 era has led to the negative impact of personal data breaches, causing significant losses in the business sector due to the critical role of personal data. However, research on dispute resolution methods for personal data protection remains limited. This study aims to analyze the legal protection of consumer personal data and the methods of dispute resolution available in cases of personal data protection disputes. Using a normative legal research method, the study finds that the government has enacted the Personal Data Protection Law as a form of preventive and repressive protection. Additionally, the law provides the parties with the option to resolve disputes through arbitration. These findings demonstrate legal certainty in personal data protection in Indonesia, with implications for the business sector in utilizing more flexible dispute resolution mechanisms.
Vicarious Liability in Personal Data Protection: Vicarious Liability dalam Perlindungan Data Pribadi Claudia, Zulian; Gunadi, Ariawan
Rechtsidee Vol. 11 No. 2 (2023): December
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/jihr.v12i2.995

Abstract

This study explores the legal responsibility and ideal concepts in compensating victims of personal data misuse, focusing on the ambiguous regulations within Indonesia's Personal Data Protection Act (UU PDP). The research, conducted through a normative-juridical approach employing conceptual and legislative methods, assessed primary legal materials including UUD NRI 1945 and UU PDP, along with secondary legal materials like books, journals, and non-legal materials such as language dictionaries. The results identified an existing lack of clarity in the UU PDP regarding the embraced accountability concept, potentially impairing the optimal filing of compensation claims by personal data subjects. It concluded that adopting the legal accountability concept of vicarious liability could ensure legal certainty for victims and simplify obtaining compensation for personal data misuse. The study implies the necessity for the adoption of vicarious liability, particularly in compensating victims of data misuse, by future institutions involved in personal data protection. Highlights: Ambiguity in Regulation: The UU PDP's lack of clarity concerning legal accountability may lead to suboptimal compensation claims for personal data subjects. Ideal Concept Identified: The vicarious liability concept was determined as an ideal basis for legal accountability in compensating victims of personal data misuse. Implication for Future Institutions: The findings suggest the importance of adopting vicarious liability in future data protection institutions, particularly regarding compensation for data misuse victims. Keywords: Vicarious Liability, Personal Data Protection, Legal Responsibility, Compensation, Normative-Juridical Analysis