Mahardika, Zahrashafa Putri
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Pelindungan Hukum Bagi Konsumen Dalam Menyampaikan Ulasan Atas Suatu Produk Melalui Platform Media Sosial Naufal, Daffa Rizqy; Marlyna, Henny; Mahardika, Zahrashafa Putri
Jurnal Hukum & Pembangunan
Publisher : UI Scholars Hub

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Abstract

Product reviews on social media have become an essential source of information for consumers and play a significant role in building trust in businesses. However, negative reviews often lead to legal disputes, particularly concerning allegations of defamation under Article 27 paragraph (3) of the ITE Law. This study examines legal protections for consumers in expressing reviews, focusing on the right to freedom of expression as guaranteed by Articles 28E paragraphs (2) and (3) and Article 28F of the 1945 Constitution, Law No. 39 of 1999, Law No. 12 of 2005, Article 19 of the UDHR, and the ICCPR. Additionally, Article 4(d) of the Consumer Protection Law recognizes consumers’ rights to express opinions and complaints. Using a doctrinal method, the study reveals inconsistencies in legal practice. The Supreme Court Decision No. 6057 K/Pid.Sus/2022 protects fact-based criticism, while the North Jakarta District Court Decision No. 1265/Pid.Sus/2023 criminalizes reviews deemed defamatory. The study highlights the importance of educating consumers on responsible expression and the need for more consistent regulations to balance freedom of expression and reputation protection in the digital era.
Pertanggungjawaban Hukum Pemerintah Terhadap Insiden Siber Kebocoran Data Pribadi Syahrial, Shafira Meutia; Makarim, Edmon; Mahardika, Zahrashafa Putri; Anggraini, Ayu Galuh
Technology and Economics Law Journal
Publisher : UI Scholars Hub

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The United Nations declared the internet a global facility. Over the past decade, the urgency of efforts to protect the safety and security of cyberspace has increased exponentially with numerous malicious cyber incidents impacting infrastructure that provides services to the public. The internet is a communication channel related to the lives of many people, so all countries have a role to protect the internet. The preamble to the 1945 Constitution mandates the formation of a government to protect the Indonesian nation. The government is responsible for state administration based on Article 40 of the ITE Law, particularly in the case of cyber incident involving PDNS personal data leak. This study analyzes the regulations regarding the Government's responsibility for maintaining cybersecurity in electronic public services, the Government's legal responsibility for cyber incident of personal data leak, and the public's legal remedies for losses suffered due to PDNS data leak. This study uses a doctrinal research method. The results of this study are able to clarify who the Government is in Article 40 of the ITE Law. The government in Article 40 of the ITE Law includes all agencies that have affairs and duties related to the security of electronic system. The first agency is the Ministry of Communication and Digital Affairs (Kemenkomdigi) related to electronic system governance and security based on the ITE Law, PP PSTE, Perpres SPBE, Perpres SDI, PDP Law, Perpres Percepatan Transformasi Digital, and Permenkomdigi PSE Lingkup Publik. The second agency is the BSSN related to cybersecurity based on Perpres BSSN, Perpres IIV, and Perpres Keamanan Siber. The third agency is the Indonesian National Police (Polri) related to law enforcement based on the Indonesian National Police Law, ITE Law, KUHP, and PDP Law. The fourth agency is the Ministry of Defense related to cyber defense based on the Minister of Defense Regulation on Cyber Defense Guidelines. The fifth agency is the State Intelligence Agency (BIN) related to cyber intelligence based on Perpres BIN. The sixth agency is the Ombudsman related to oversight of the implementation of public services based on the Ombudsman Law.