Ideal Formulation Of Legal Protection For Personal Data Security In Electronic Transactions Based On The Value Of Justice

Abstract

Legal protection of personal data security in electronic transactions in Indonesia, as part of the right to privacy guaranteed by the 1945 Constitution of the Republic of Indonesia, is strengthened by the Human Rights Law, the Electronic Information and Transactions (ITE) Law, Government Regulation 71/2019, and Law No. 27 of 2022 concerning Personal Data Protection, amidst increasing data processing in various digital services. Increasing internet penetration and the use of data-driven platforms increase the risk of personal data leaks and misuse in the banking, health, transportation, and marketplace sectors, as demonstrated by a number of real-life cases such as illegal online loans and misuse of customer data. Given these conditions, this study emphasizes the urgency of strengthening oversight, law enforcement, and institutional integrity to ensure effective personal data protection and provide certainty and a sense of security for the public in online transactions. The approach used in compiling this thesis is normative legal research. The specifics of this research are descriptive analysis. The theories used include legal protection theory and justice theory. Research results: (1) Legal protection of personal data security in electronic transactions in Indonesia is based on the guarantee of the right to privacy in the constitution and international human rights instruments, then strengthened through sectoral regulations until it is comprehensively affirmed in Law No. 27 of 2022 concerning Personal Data Protection. This framework regulates the definition, scope, obligations of organizers, and enforcement mechanisms through lawsuits and sanctions, but its effectiveness is largely determined by the formation of LOPDP, compliance of perpetrators, strengthening of supervision, and coordination of law enforcement. (2) The ideal concept of personal data protection based on the value of justice affirms personal data as a human right, so that its processing must be lawful, limited to the purpose, secure, transparent, and remain under the control of the data subject. Effective protection requires a multi-faceted approach and the establishment of an independent supervisory authority, authorized to act on and resolve disputes quickly, including through international cooperation to ensure that protection is maintained in cross-border data transfers.