Wardani , Dian Eka Kusuma
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The Urgency of Reformulating Criminal Offences on the Misuse of Personal Data in Indonesia’s Crypto Asset Ecosystem Wardani , Dian Eka Kusuma; Amir , Amir; Iqbal , Muh.
Vifada Assumption Journal of Law Vol. 3 No. 2 (2025): July - December
Publisher : Yayasan Vifada Cendikia Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70184/y974d14n

Abstract

Purpose: This study examines the urgency of reformulating criminal offences for the misuse of personal data within Indonesia’s crypto-asset ecosystem, based on the hypothesis that current offence design is not commensurate with the level of risk and complexity of crypto data-processing practices. Research Design and Methodology: Using a normative legal method with a doctrinal design, this research is supported by conceptual, comparative, and analytical approaches to national legislation, data-protection and crypto-asset regimes in several countries, and relevant scholarly literature and institutional reports. Findings and Discussion: The study finds that although the Personal Data Protection Law, the Electronic Information and Transactions Law, and sectoral crypto-asset regulations provide a basis for criminalisation, existing offence constructions remain general, fragmented, and insufficiently responsive to the technological and institutional characteristics of the crypto ecosystem. Implications: The study proposes a sector-specific model of criminalisation that clearly articulates the protected legal interests, liable subjects, prohibited conducts, and standards of corporate criminal liability, and offers a conceptual foundation for legislative reform while inviting further mixed normative–empirical research on its operationalisation