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All Journal Pena Justisia: Media Komunikasi dan Kajian Hukum
Nuswanto, Heru -
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Law, Crime, Criminology & Criminal Justice

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Legal Protection Of Customers Personal Data In Bank Financial Institutions Astanti, Dhian Indah; Nuswanto, Heru -; Sukimin, Sukimin -
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 2 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i2.4013

Abstract

Since the legal connection between consumers and banks is one built on trust, legal protection for customers is crucial given that banks are financial entities whose operation cannot be divorced from the role of customers. Every individual has personal data, which is something that is intrinsic to them and has to be secured since everyone has the right to privacy, which is guaranteed by the Republic of Indonesia's 1945 Constitution and is a fundamental citizen right. The goal of this study is to identify the legal safeguards for the confidentiality of consumer information held by Bank Financial Institutions, as well as the legal actions that consumers may take in the event that their privacy is violated. This study employs a normative juridical research design, combining an analytical, historical, and legislative approach. The data type for the research specifications is secondary data, obtained through document/library research (Library Research), and the research standards call for analytical descriptive data. The research's data is organized logically and methodically, examined using qualitative analytic techniques, and then presented in a qualitative report. The study's findings indicate that state people have a constitutional right to privacy, which is the cornerstone of the legal protection of personal data. Both government control and self-regulation can be used to legally secure the personal data of customers. As of now, personal data is not legally based in any of Indonesia's laws or regulations. As a result, Indonesia lacks standards for the legal protection of personal data, making it unable to provide its residents with the best possible protection.  
RESTORATIVE JUSTICE AS ACCESS TO JUSTICE FOR CHILD VICTIMS OF CRIMINAL ACTS IN THE CRIMINAL JUSTICE SYSTEM Triwati, Ani -; Sukarna, Kadi -; Nuswanto, Heru -
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 002 (2024): Pena Justisia (Special Issue)
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i3.5214

Abstract

Restorative justice in resolving criminal cases requires justice with balance and peace. Balance obtains justice for perpetrators, victims, and affected communities. Peace aims to restore the situation or relationship that has been fractured between the perpetrator and the child victim and his family, including the recovery of the community affected by the criminal offense. Restorative justice is fundamental for child victims to obtain justice as part of recovery. The type of research used is normative juridical with descriptive-analytical research specifications and qualitative data analysis. Child victims of criminal acts require special protection and treatment to recover both physically and psychologically. Child victims obtain access to justice in a restorative justice approach with the fulfillment of elements including admission of guilt, forgiveness, and restoration of circumstances. For perpetrators of criminal acts, admission of guilt, forgiveness, and compensation are access to peace with the victim.
Co-Authors Dhian Indah Astanti, Dhian Indah Sukarna, Kadi - Sukimin, Sukimin - Triwati, Ani -