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Hang Tuah Law Journal
Published by Universitas Hang Tuah
ISSN : 25492055     EISSN : 25492071     DOI : https://doi.org/10.30649/htlj
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Hang Tuah Law Journal is a peer-reviewed open-access journal to publish the manuscripts of high-quality research as well as conceptual analysis that studies in any fields of Law, such as Maritime Law, Medical Law, Civil Law, Criminal Law, Constitutional Law, Administrative Law, Business Law, Islamic Law, International Law, Environmental Law and another section related contemporary issues in law.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 142 Documents
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Legal Liability for Personal Data Misuse in Digital Banking Herryani, Mas Rara Tri Retno; Hikmah, Aufa Fajrul; Rahman, Irham
Hang Tuah Law Journal VOLUME 10 ISSUE 1, APRIL 2026
Publisher : Fakultas Hukum Universitas Hang Tuah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/htlj.v10i1.361

Abstract

Digital transformation in the banking sector has led to the emergence of digital banking services that provide convenience, efficiency, and accessibility to the public. However, on the other hand, this development increases the risk of misuse of customer personal data, potentially resulting in material and immaterial losses. This study aims to analyze the forms of legal protection and legal accountability for misuse of customer personal data in banking institutions in the digital era. The research method used is normative legal research with a statutory and conceptual approach, through an examination of the Banking Law, Financial Services Authority regulations, Law Number 27 of 2022 concerning Personal Data Protection, and regulations related to consumer protection. The results show that the protection of customer personal data is part of citizens' constitutional rights that must be guaranteed by the state and electronic system providers, including digital banks. Legal liability for misuse of personal data can be imposed in the form of civil, administrative, and criminal liability, depending on the type of violation. Banks, as digital service providers, are obliged to apply the principle of prudence, maintain data confidentiality, and provide complaint and dispute resolution mechanisms for customers. The Personal Data Protection Law strengthens the legal basis for customer protection, but effective implementation and oversight remain challenges. Therefore, synergy between the government, the Financial Services Authority (OJK), and banking institutions is needed to strengthen data security systems and ensure legal certainty for customers facing the risk of personal data misuse in the digital era.
Reforming Police Oversight after Kanjuruhan Tragedy: A Comparative Study of Indonesia and the United Kingdom Shibghatullah , Muhammad Agil; Sholahuddin Al Fatih; Wibisono, Rizky Bangun
Hang Tuah Law Journal VOLUME 10 ISSUE 2, OCTOBER 2026
Publisher : Fakultas Hukum Universitas Hang Tuah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/htlj.v10i2.374

Abstract

This study examines police accountability and institutional oversight within the Indonesian National Police (Polri) following the Kanjuruhan Tragedy, focusing on the relationship between police authority, human rights protection, and democratic governance. Employing a normative juridical method with statutory, conceptual, and comparative approaches, the study analyzes Indonesia’s legal framework and compares it with oversight mechanisms in the United Kingdom. The analysis is grounded in the principles of the rule of law, checks and balances, proportionality in the use of force, and the International Covenant on Civil and Political Rights (ICCPR). The findings reveal that Polri’s institutional design as an autonomous state institution directly accountable to the President provides considerable operational independence in maintaining public order and security. However, this institutional autonomy is not matched by sufficiently independent and effective external oversight, resulting in an accountability gap over the exercise of coercive police powers. The Kanjuruhan Tragedy demonstrates how deficiencies in command responsibility, supervision, and compliance with human rights-based use-of-force standards may lead to serious violations of the right to life and personal security. From an ICCPR perspective, these shortcomings reflect the State’s failure to fulfill its positive obligation to prevent arbitrary deprivation of life during public assemblies. Comparative analysis with the United Kingdom indicates that democratic policing requires a balance between operational independence and robust accountability through independent civilian oversight, transparent investigations, parliamentary scrutiny, judicial review, and accessible complaint mechanisms. Accordingly, this study proposes an integrated accountability reform by strengthening Kompolnas, enhancing parliamentary and judicial oversight, improving disciplinary transparency, expanding civilian participation, and utilizing technology-based monitoring. These reforms are essential to align police authority with constitutional principles, the rule of law, and international human rights standards while restoring public trust in Polri.

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