Journal of Innovative and Creativity
Vol. 6 No. 2 (2026)

Analisis Yuridis Pertanggungjawaban Pidana terhadap Pelaku Penyalahgunaan Data Pribadi dalam Transaksi Elektronik di Indonesia

M. Resko (Universitas Islam Indragiri)
Siti Rahmah (Universitas Islam Indragiri)
Bambang Sasmita Adi Putra (Universitas Islam Indragiri)



Article Info

Publish Date
17 Jul 2026

Abstract

The rapid growth of digital technology has increased the risk of personal data misuse in electronic transactions, creating significant legal challenges in Indonesia. This study aims to analyze criminal liability for perpetrators of personal data misuse, examine the application of the lex specialis derogat legi generali principle between the Personal Data Protection Law and the Electronic Information and Transactions Law, and identify obstacles to law enforcement. This research employed a normative juridical method using statutory, conceptual, and case approaches. Legal materials consisted of primary, secondary, and tertiary legal sources analyzed qualitatively through a prescriptive approach. The findings indicate that criminal liability may be imposed on both individuals and corporations that unlawfully obtain, disclose, or misuse personal data. Although the Personal Data Protection Law provides a more specific legal framework, practical implementation still encounters regulatory overlap, limited institutional capacity, digital evidence challenges, and inadequate cyber law expertise among law enforcement officers. Therefore, harmonization of regulations, institutional strengthening, and enhancement of digital forensic capabilities are essential to ensure effective legal protection and legal certainty.

Copyrights © 2026






Journal Info

Abbrev

joecy

Publisher

Subject

Education Languange, Linguistic, Communication & Media Mathematics Social Sciences Other

Description

Journal of Innovative and Creatifity (JOECY) publishes research articles in the field of education which report empirical research on topics that are significant across educational contexts, in terms of design and findings. The topic could be in curriculum, teaching learning, evaluation, quality ...