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All Journal Kosmik Hukum Jurnal Penelitian Serambi Hukum
Wicaksana, Prasetyo Budi
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Law, Crime, Criminology & Criminal Justice Social Sciences

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Perlindungan Hukum Terhadap Kebocoran Data Pribadi Akibat Tindak Pidana Siber: Perspektif Undang-Undang Nomor 27 Tahun 2022 Akbar, Haikal; Wicaksana, Prasetyo Budi
JURNAL PENELITIAN SERAMBI HUKUM Vol 18 No 02 (2025): Jurnal Penelitian Serambi Hukum Vol 18 No 02 Tahun 2025
Publisher : Fakultas Hukum Universitas Islam Batik Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59582/sh.v18i02.1333

Abstract

The rapid advancement of information technology has brought significant challenges, one of which is the risk of personal data leakage due to cybercrime. In response to this, Law Number 27 of 2022 concerning Personal Data Protection (PDP Law) was enacted as a legal foundation that comprehensively regulates the protection of personal data in Indonesia. This law contains the main principles of personal data protection, including the rights of individuals as data owners to receive protection, the obligations of data controllers and processors to maintain information security, as well as the obligation to conduct risk assessments in processing data that has the potential for high impact. The PDP Law also explicitly prohibits the collection and dissemination of personal data without a legal basis, which could harm the data owners, with criminal sanctions including imprisonment of up to five years and fines of up to IDR 5 billion for offenders. Moreover, this law establishes a personal data protection authority tasked with supervising the implementation of the provisions and receiving and following up on public reports of alleged violations. Victims of data leakage have several legal avenues available, such as filing civil lawsuits, reporting to the Ministry of Communication and Information Technology for administrative resolution, or reporting to the police for criminal prosecution. With this regulation, the state provides strong legal protection guarantees and structured enforcement procedures to prevent and address incidents of personal data leakage resulting from cybercrime, while also encouraging increased awareness and responsibility among data managers in today’s digital era.
Pretrial of the Seizure of Property Unrelated to Criminal Offenses: Between the Interests of Corruption Eradication and the Protection of Human Rights Wicaksana, Prasetyo Budi; Hassan, Fareed Mohd
Kosmik Hukum Vol. 26 No. 1 (2026)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v26i1.29668

Abstract

Asset seizure in corruption cases is an important instrument in efforts to recover state financial losses. However, in law enforcement practice, seizures are often carried out against goods or property that have no causal relationship with the alleged criminal offense. This condition creates tension between the interest of eradicating corruption and the protection of human rights, particularly the right to property and the guarantee of due process of law. This article aims to analyze pretrial remedies against the seizure of property unrelated to corruption offenses from the perspectives of law enforcement and human rights protection in Indonesia. This study employs a normative legal research method using statutory, conceptual, and case approaches, particularly through an examination of pretrial decisions of the Pekanbaru District Court concerning asset seizures in alleged corruption cases. The results indicate that seizures not supported by evidence of a direct connection to the criminal offense potentially violate the principle of legality, the principle of proportionality, and the protection of human rights as guaranteed by the 1945 Constitution of the Republic of Indonesia and national human rights instruments. Pretrial mechanisms play a strategic role as a form of judicial control over arbitrary coercive measures. Therefore, reforms are required in the seizure application mechanism by emphasizing strict substantive review and strengthening the role of pretrial proceedings to create a balance between the effectiveness of corruption eradication and the protection of citizens’ constitutional rights within the Indonesian criminal justice system.
Co-Authors Akbar, Haikal Hassan, Fareed Mohd