Lex Publica
Vol. 11 No. 2 (2024)

Criminal Sanctions and Personal Data Protection in Indonesia

Kurniawan, Kukuh Dwi (Unknown)
Hehanussa, Deassy J. A. (Unknown)
Setiawan, Rahmat (Unknown)
Susilowati, Indah (Unknown)
Sopian (Unknown)
Helfisar, Desmarani (Unknown)



Article Info

Publish Date
03 Dec 2024

Abstract

This research analyzes Indonesia's Law Number 27 of 2022 on Personal Data Protection (Law on Personal Data Protection), focusing on its regulatory framework and institutional strengthening efforts. The study employs a normative legal research approach with a descriptive-analytical method, examining primary legal materials such as Law Number 27 of 2022 and secondary sources including relevant academic literature. To provide a global perspective, comparisons are drawn with the General Data Protection Regulation (GDPR) in the European Union, the Personal Data Protection Act (PDPA) in Singapore, and the Act on the Protection of Personal Information (APPI) in Japan. The findings reveal that while the Law on Personal Data Protection provides a comprehensive framework for personal data protection, its implementation faces significant challenges, including low public awareness, insufficient readiness in the business sector, and limited enforcement capacity of supervisory institutions. Strengthening institutional frameworks and enhancing public understanding of data privacy rights are critical steps toward addressing these challenges. Although criminal sanctions are stipulated in the law, their application has yet to be evaluated in depth, as this research primarily focuses on regulatory analysis. Suggestions include developing robust technological and organizational measures to secure data and fostering international collaboration in managing cross-border data flows to align with global standards. Further research is recommended to assess the effectiveness of criminal sanctions in deterring data breaches and their role in enhancing the overall efficacy of Indonesia's personal data protection framework.

Copyrights © 2024






Journal Info

Abbrev

lexpublica

Publisher

Subject

Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Lex Publica (e-issn 2579-8855; p-issn 2354-9181) is an international, double blind peer reviewed, open access journal, featuring scholarly work which examines critical developments in the substance and process of legal systems throughout the world. Lex Publica published biannually online every June ...