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All Journal Jurnal Hukum Lex Generalis Journal of Business, Management and Social Studies
Djayanti
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Humanities Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Threats and Strategies for Personal Data Protection in Digital Services: A Thematic Review and Regulatory Analysis Djayanti; Silalahi, Wilma
Journal of Business, Management, and Social Studies Vol. 5 No. 2 (2025): Journal of Business, Management, and Social Studies
Publisher : APPS Publications

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53748/jbms.v5i2.123

Abstract

This article aims to analyze the threats to personal data in digital services and the protection strategies used, by integrating legal, policy, information technology, and digital literacy approaches. This research uses a qualitative approach based on doctrinal, thematic, and comparative analysis. Data was collected from legal texts, policy documents, academic literature, and empirical studies to build a comprehensive analytical framework. The analysis was conducted to identify threat categories and protection strategies, and evaluate the effectiveness of regulatory frameworks such as the General Data Protection Regulation (GDPR) and the PDP Law. The research found that threats to personal data stem from both technical (phishing, malware, dark patterns) and non-technical factors (low digital literacy, weak regulation). An effective protection strategy is the integration of technical approaches such as encryption and digital auditing, as well as non-technical approaches such as education, regulation, and institutional transparency. This study distinguishes itself from previous literature by combining legal, technological, and social analysis in a unified synthesis, and provides a review of the effectiveness of the PDP Law as a public protection instrument.
Analisis Kebijakan Otoritas Jasa Keuangan (OJK) Terkait Dualisme Hukum Antara Peraturan Pemerintah Nomor 45 Tahun 1995 tentang Penyelenggaraan Kegiatan di Bidang Pasar Modal (PP 45 Tahun 1995) dengan Peraturan Otoriras Jasa Keuangan Nomor 3/POJK.04/2021 t Djayanti; Gunadi, Ariawan
Jurnal Hukum Lex Generalis Vol 5 No 10 (2024): Tema Filsafat Hukum, Politik Hukum dan Etika Profesi Hukum
Publisher : CV Rewang Rencang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56370/jhlg.v5i10.962

Abstract

This research aims to examine the OJK's policy on the dualism of administrative regulations applicable to the financial services sector, particularly the Capital Market sector, namely Government Regulation Number 45 of 1945 and POJK 3 of 2021, where for about 21 months, both regulations govern the same matters and are in effect, but there are no provisions related to transitional regulations. This results in a lack of legal certainty regarding the basis used by the OJK. In addition, there are significant differences in regulations, including those related to the nominal Administrative Sanction in the form of fines for violations of late report submission and/or violations of not submitting reports. The research method used is a combination of normative and empirical legal research methods, involving critical analysis of PP 45 of 1945 and POJK 3 of 2021, and relating them to Law Number 12 of 2011 on the Formation of Legislation (Law 12 of 2011), in conjunction with legal theories and legal practices in society. The results of this study indicate that although the existing legal framework is quite strong and comprehensive, its implementation effectiveness still faces various challenges. The main obstacles include inconsistencies in legal regulations, where there are significant differences in the nominal administrative sanctions in the form of fines for late report submissions and failure to submit reports between Government Regulation No. 45 of 1945 and Financial Services Authority Regulation No. 3 of 2021 in the oversight of the Capital Market sector. This study aims to recommend strengthening the existing regulations to accommodate the significant differences in the nominal administrative sanctions in the form of fines.
Co-Authors Ariawan Gunadi Silalahi, Wilma