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All Journal The Indonesian Journal of International Clinical Legal Education 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.
Co-Authors Mohammad Raziq Fakhrullah Nurul Fibrianti Putra, Tegar Islami