Ghapa, Norhasliza binti
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Data theft and the law on protection of personal data: A thematic analysis Asmadi, Erwin; Mansar, Adi; Eddy, Triono; Dewata, Mukti Fajar Nur; Wajdi, Farid; Ghapa, Norhasliza binti
Jurnal Hukum Novelty Vol. 15 No. 2 (2024)
Publisher : Universitas Ahmad Dahlan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26555/jhn.v15i2.27661

Abstract

Introduction to the Problem: Data theft and leakage have severe consequences and can harm individuals, organizations, and society. Such problems also frequently occur in Indonesia massively. Purpose/Study Objectives: This study aims to analyze the efficacy of legal measures, particularly Law Number 27 of 2022, in addressing these issues and explores challenges hindering effective enforcement. Design/Methodology/Approach: This study employs a qualitative approach, specifically thematic analysis, to examine the legal landscape of personal data protection in Indonesia, utilizing Law Number 27 of 2022 as the primary document for analysis. The data was then transferred to Nvivo 12 Plus for coding, classification, and coding based on units of analysis, including theme identification and text search to find words, phrases, or text patterns. Findings: The study reveals that substantial steps, including the enactment of the Personal Data Protection law, have been taken to address data theft in Indonesia. The law establishes criminal consequences, encompassing imprisonment, fines, restitution, or a combination thereof. However, despite these measures, challenges persist, including limited law enforcement capacity, insufficient awareness of data protection, constrained inter-agency cooperation, and the swift pace of technological advancements. Furthermore, issues such as limited digital evidence, sluggish legal processes, low reporting rates, ineffective penalties, and difficulties in enforcing laws in cyberspace compound the challenges faced by law enforcement in Indonesia. Paper Type: Research Article
Enhancing the Legal Framework for Quality Assurance in Malaysian Online Sale of Goods Contracts Abdullah Asuhaimi, Farhanin binti; Sari, Maulidina; Ghapa, Norhasliza binti; Makhtar, Maheran binti; Asari, Khairun Nisaa binti
Jambe Law Journal Vol. 9 No. 1 (2026): 2026
Publisher : Faculty of Law, Jambi University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/5bqknq83

Abstract

The rapid expansion of e-commerce in Malaysia has raised concerns about the quality of goods transacted through digital platforms. This paper critically examines the legal framework governing product quality in Malaysian online sale of goods contracts, focusing on the Sale and Goods Act 1957 and the Consumer Protection Act 1999. Unlike existing studies, this research provides a doctrinally integrated and comparative analysis that evaluates not only the substantive inadequacies of Malaysian law but also its structural limitations in addressing digital commerce, including the absence of regulatory recognition for digital goods and platform-based transactions. Using doctrinal legal analysis supplemented by comparative insights from the United Kingdom and the European Union, the paper identifies structural and doctrinal inadequacies in Malaysian statutory framework, particularly its failure to regulate digital goods and to provide enforceable remedies. The findings reveal significant enforcement gaps and practical difficulties experienced by consumers in online transactions. The study contributes novel insights by systematically linking doctrinal deficiencies with emerging digital market practices and proposing a reform framework that incorporates platform accountability, digital goods classification, and harmonised quality standards. Accordingly, the study proposes targeted statutory reforms, clearer definition standards for goods, and enhanced enforcement mechanisms, all of which are supported by lessons drawn from the UK Consumer Rights Act 2015 and the EU Consumer Rights Directive and Digital Content Directive. These recommendations aim to align Malaysian law with international best practices, reduce consumer vulnerability and enhance market transparency