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Lihawa, Rahmad
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Digital Privacy Crisis: Legal Protection of Social Media Users' Data in Indonesia's 2022 Law Lihawa, Rahmad
Estudiante Law Journal VOL. 7 NO. 1 FEBRUARY 2025
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/eslaj.v7i1.30980

Abstract

This study analyzes the challenges in implementing Indonesia's Law Number 27 of 2022 on Personal Data Protection (PDP Law) and explores the roles of stakeholders in ensuring its effectiveness. The research identifies obstacles in the law's implementation and highlights how collaboration between electronic system organizers, the government, legal practitioners, and the public can improve personal data protection in the digital era. Using a qualitative approach with descriptive analysis, data is gathered from literature studies, legal documents, reports, articles, and interviews with legal professionals, regulators, and companies operating electronic systems. Content analysis is used to identify key issues related to the PDP Law’s implementation, challenges, and stakeholder roles. A comparative approach is also applied to evaluate how the PDP Law compares to other regulations, such as the EU’s GDPR. The findings indicate that while the PDP Law provides a solid legal framework, its implementation faces challenges, including limited resources at the Personal Data Protection Agency (BPDP), low public awareness, and inconsistencies between Indonesian policies and international platforms. Additionally, there are differing interpretations of personal data management policies between regulators and electronic system organizers. The study stresses the need for collaboration among stakeholders, increased legal education, and stricter supervision to ensure the law's effective implementation
Legal Protection Mechanism for Pension Fund Beneficiaries Against Maladministration of Pension Payments Lihawa, Rahmad; Thalib, Mutia Cherawaty; Sarson, Moh. Taufiq Zulfikar
Estudiante Law Journal VOL. 7 NO. 3 OCTOBER 2025
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/eslaj.v7i3.34058

Abstract

This research discusses the legal protection mechanisms available to pension beneficiaries against maladministration in pension fund payments by partner banks of PT Taspen (Persero), specifically Bank SulutGo in the Gorontalo region. The background of this study stems from the fact that pension funds are a constitutional right of citizens, as stated in Article 28H paragraph (3) of the 1945 Constitution of the Republic of Indonesia, and are also a form of social security guaranteed by Law No. 40 of 2004 concerning the National Social Security System. However, in practice, maladministration cases such as unilateral account blocking, transfer delays, and lack of transparency in information have been found, which cause retirees difficulties in accessing their entitlements. This study uses normative legal research methods with a statute approach and case approach, based on a study of banking regulations, consumer protection, and the social security system. The results of this research indicate that maladministration in pension fund payments can be categorized as a violation of consumer rights as regulated in Law No. 8 of 1999 on Consumer Protection and is contrary to the principles of prudence, transparency, and accountability in banking. The available legal protection mechanisms are divided into preventive measures, such as strengthening regulations and supervision, and repressive measures through internal complaints in banks, dispute resolution through the OJK and LAPS-SJK, up to civil lawsuits in court. However, challenges such as weak supervision, limited legal literacy, and the position of pensioners as vulnerable groups remain the main obstacles. Therefore, comprehensive legal protection needs to be strengthened, involving the government, PT Taspen, partner banks, and law enforcement agencies, to guarantee legal certainty, justice, and benefits for pension beneficiaries.