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p-Index From 2021 - 2026
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All Journal Al-Risalah : Jurnal Imu Syariah dan Hukum Journal of Business, Management and Social Studies
Djayanti
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Religion 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.
Reformulating the Una Via Principle in the Law on Financial Sector Development and Strengthening Djayanti; Adhari, Ade
Al-Risalah VOLUME 26 NO 1, MAY (2026)
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/al-risalah.vi.66568

Abstract

Capital market law enforcement in Indonesia faces a major legal issue in the form of uncertainty regarding the application of the una via principle in determining the appropriate enforcement pathway between administrative and criminal sanctions, particularly following Constitutional Court Decision No. 59/PUU-XXI/2023, which revoked the Financial Services Authority’s (OJK) exclusive investigative authority. This situation raises issues of legitimacy as well as a disparity in evidentiary standards between the administrative and criminal legal regimes. The study’s key findings indicate that the current formulation of the “una via” principle risks creating legal defects due to an imbalance in evidentiary standards. The dominance of administrative assessments by the OJK as the initial basis for determining criminal offenses is not always aligned with criminal evidentiary standards, thereby implicating issues of proof and the effectiveness of criminal law enforcement in the capital market sector. As normative and institutional recommendations, this study proposes reformulating the una via principle through strengthening the administrative sanctions regime, developing formal coordination mechanisms between the OJK and the Police, and institutionalizing a Joint Case Assessment Committee. Additionally, the adoption of a civil penalty system based on practices in Singapore, Malaysia, and the Netherlands is recommended to enhance legal certainty and the effectiveness of capital market law enforcement.
Co-Authors Ade Adhari Silalahi, Wilma