Journal of Creative Power and Ambition (JCPA)
Vol. 4 No. 01 (2026): Journal of Creative Power and Ambition (JCPA)

Criminal Liability for Perpetrators of Dissemination of Personal Data Through Social Media: Pertanggungjawaban Pidana Pelaku Penyebaran Data Pribadi Melalui Media Sosial

Alfian Bantara Sumarmo (Universitas Darul Ulum Islamic Centre Sudirman)
Mohamad Tohari (Universitas Darul Ulum Islamic Centre Sudirman)
Idul Hamzah Alid (Universitas Darul Ulum Islamic Centre Sudirman)



Article Info

Publish Date
11 Jun 2026

Abstract

The proliferation of social media has created new avenues for the unauthorized dissemination of personal data. Such conduct not only infringes on individual privacy but may also produce serious harms ranging from reputational damage to threats against victims' safety. This study examines how Indonesian criminal law particularly Law Number 27 of 2022 on Personal Data Protection (UU PDP) and Law Number 11 of 2008 as amended by Law Number 19 of 2016 on Electronic Information and Transactions (UU ITE) constructs criminal liability for perpetrators who disseminate personal data through social media. A normative juridical method is employed, drawing on statutory and conceptual approaches. The study also analyzes the criminal elements that must be established, the penal sanctions prescribed, and the evidentiary challenges encountered in practice. The findings indicate that the regulatory framework has become more comprehensive following the enactment of UU PDP; however, its implementation remains hampered by significant obstacles particularly in identifying anonymous perpetrators, establishing mens rea, and ensuring inter-agency coordination. The study concludes that the effectiveness of criminal accountability in personal data dissemination cases requires strengthened digital forensics capacity among law enforcement actors and clearer technical guidance on UU PDP implementation.

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Journal Info

Abbrev

jcpa

Publisher

Subject

Economics, Econometrics & Finance

Description

Journal of Creative Power and Ambition (JCPA) (E-ISSN 3031-4054) is a blind peer-reviewed journal published by Edujavare Publishing, Indonesia. This journal publishes research articles, conceptual articles, field study reports and book reviews on all scopes of Business Innovation and Creation, ...