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All Journal The Indonesian Journal of International Clinical Legal Education Journal of Private and Commercial Law The Digest: Journal of Jurisprudence and legisprudence
Fakhis, Adinda Zeranica Putri
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Law, Crime, Criminology & Criminal Justice

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Critically Reveal The Dimensions of Damage From Unauthorized Use of Personal Data: Study of Decision Number 78/Pid.Sus/2024/PN. Tng Putra, Tegar Islami; Fibrianti, Nurul; Fakhis, Adinda Zeranica Putri; Mohammad Raziq Fakhrullah
The Digest: Journal of Jurisprudence and Legisprudence Vol. 5 No. 2 (2024): The Digest, December 2024
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/digest.v5i2.19941

Abstract

Unauthorized use of personal data can cause harm to personal data subjects. In its mandate, Decision Number 78/Pid.Sus/2024/PN Tng provides a general outline of the potential harm that may occur to personal data subjects. However, the decision does not specifically explain the forms of loss and its impact on personal data subjects. This research critically discusses the forms of crimes causing harm and their impact on personal data subjects' damage due to unauthorized use of personal data in Decision Number 78/Pid.Sus/2024/PN Tng. The research employs the Library Research method, also known as Legal Research, which focuses on analyzing primary and secondary legal materials based on existing literature. The findings indicate that several general regulations in Indonesia address the crime of unauthorized use of personal data, including Law Number 24 of 2013, Law Number 1 of 2024, Law Number 14 of 2008, and Law Number 27 of 2022. Meanwhile, Decision Number 78/Pid.Sus/2024/PN Tng outlines the damage to personal data subjects resulting from unauthorized use of personal data, with this study revealing various impacts of damage both materially and non-materially.
Implementation of CNIL’s Basic Logging Measures in Indonesia: A Juridical Study on Personal Data Protection Putra, Tegar Islami; Fibrianti, Nurul; Fakhis, Adinda Zeranica Putri
The Indonesian Journal of International Clinical Legal Education Vol. 7 No. 2 (2025): June
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/iccle.v7i2.21049

Abstract

One of the efforts to realize preventive efforts to prevent all risks of personal data protection is to establish basic precaution logging as a personal data protection strategy that will serve as a guide for parties involved in personal data protection efforts. Indonesia, which has not formulated such a strategy, can make the provisions in France as a reference. The urgency of this research is that there is a mandate in Article 59 letter a of the Personal Data Protection Law in Indonesia for the Institution to formulate and determine policies and strategies for Personal Data Protection as a guide. This research employs the Library Research method, also known as Legal Research, which focuses on analyzing primary and secondary legal materials based on literature. The results show that France already has an institution called CNIL which formulates basic precautions in logging operations to guide personal data protection strategies. As a result, there are 8 basic precautions in logging operations, which are to provide a logging system that can implement and learn by Indonesia, that are: keep these logs for a rolling period of between six months and one year; perform, for application logs, a record of the creation, consultation, sharing, modification, and deletion; inform users; protect the logging equipment and the logged information; ensure the proper functioning of the logging system; ensure that processors are contractually obliged; and actively analyze, in real time or in the short term.
Risks of Consumer Personal Data Protection at the Personal Data Processing Stage of E-Commerce Websites Putra, Tegar Islami; Fakhis, Adinda Zeranica Putri; Tussaleha, Anisa; Umaela Firdhausya , Mahima; Aflah, Muhammad Hilmi Naufal
Journal of Private and Commercial Law Vol. 8 No. 2 (2024): Journal of Private and Commercial Law
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jpcl.v8i2.20081

Abstract

The advancement of information and communication technology has made privacy boundaries thinner.  Various personal data on E-Commerce websites are increasingly easy to spread, which creates risks at every stage of personal data processing. This is important to be given further attention, given the high number of transaction valuations that occur through E-Commerce websites. This research aims to analyze what forms of risks can occur at each stage of personal data processing on E-Commerce websites. The stages of personal data processing described in this research are the stages of personal data processing as stipulated in Law Number 27 Year 2022 on Personal Data Protection. This research utilizes a library research method by focusing on legal materials so that it can be said to be library based. The results show that there are different risks at each stage of personal data processing on E-Commerce websites, both before the storage of personal data, and after the storage of personal data by the personal data controller.  This can be in the form of data collection that is not in accordance with applicable regulations, lack of transparency of data collection, and data collection that is not specific, unlimited, and illegal, unauthorized access, disclosure in an unauthorized manner, unauthorized modification, misuse, destruction, and loss of personal data on the system. To reduce the impact of risks, things that can be done are to update the system regularly, or increase the capacity of human resources who process personal data.
Co-Authors Aflah, Muhammad Hilmi Naufal Mohammad Raziq Fakhrullah Nurul Fibrianti Putra, Tegar Islami Tussaleha, Anisa Umaela Firdhausya , Mahima