Azis Pangeran, Abdul
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Weaknesses in the Construction of Corporate Criminal Liability in Article 70 of the Personal Data Protection Law Azis Pangeran, Abdul; Amelia, Tina
Journal of Scientific Insights Vol. 3 No. 2 (2026): April
Publisher : Science Tech Group

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.69930/jsi.v3i2.739

Abstract

The development of digital technology in Indonesia has increased the use of personal data by various corporations, from large companies to digital startups. This situation creates a significant risk of data breaches, necessitating clear and effective corporate criminal liability. Article 70 of the Personal Data Protection Law addresses corporate criminal liability; however, its structure reveals notable weaknesses. This provision primarily focuses on the faults of individual managers, overlooking the collective and systemic responsibilities of the organization; thus, the narrow perspective makes it challenging to prove and impose sanctions effectively. This study employs a qualitative normative method with a statutory and conceptual approach. The regulatory analysis examines the Personal Data Protection Law to assess its normative structure, forms of accountability, and types of sanctions. The conceptual approach highlights theories of corporate fault, liability, and the principle of data protection as a constitutional right, aiming to examine normative weaknesses and propose a normative reconstruction. The results show that Article 70 still lacks objective indicators, has the potential to lead to scapegoating, and underemphasizes preventive mechanisms (compliance-based liability). The proposed normative reconstruction includes a clear separation of corporate and managerial responsibilities, integration of compliance obligations, implementation of risk-based accountability, and expansion of types of sanctions in the form of compliance orders, data governance reform, and corporate probation. This approach is expected to improve the effectiveness of law enforcement, strengthen corporate accountability, and optimally protect data subjects' rights.
Convergence of Administrative Law and Criminal Law in Corruption Prevention for National Strategic Projects Azis Pangeran, Abdul; Rowi, M. Muchlas
Journal of Scientific Insights Vol. 3 No. 2 (2026): April
Publisher : Science Tech Group

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.69930/jsi.v3i2.740

Abstract

National Strategic Projects (NSP) occupy a central position in Indonesian development policy as they serve as instruments for accelerating economic growth and equitable distribution of prosperity. The large budget scale, regulatory complexity, and high pressure for project completion make PSNs vulnerable to corrupt practices. To date, efforts to prevent and address corruption in PSNs have been dominated by a repressive criminal law approach that operates after a violation has occurred. This approach has not been fully effective because it ignores the role of administrative law as an instrument for controlling authority and prevention from the project planning and implementation stages. This article aims to analyze the problematic relationship between administrative law and criminal law in preventing corruption in PSNs and to formulate a proportional and functional convergence model. This research employs normative legal research methods with statutory, conceptual, and analytical-critical approaches. The results of the study indicate overlapping authority, unclear boundaries between administrative and criminal errors, and a tendency to criminalize policy discretion, which has resulted in a decline in bureaucratic courage. This article offers a convergence model that positions administrative law as the vanguard of prevention through strengthened supervision, audits, and administrative corrections, while criminal law is selectively positioned as an instrument of last resort. This model is relevant for encouraging national legal policy reforms that are more preventative, equitable, and oriented toward sustainable improvement of National Strategic Project (PSN) governance.