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Arkaan Daffa; Sidi Ahyar Wiraguna

Kajian ilmu Hukum, Sosial dan Administrasi Negara 2025 Lembaga Pengembangan Kinerja Dosen

The practice of leaking customer data by banks to third parties, such as Mata elang, raises serious problems in the context of personal data protection in Indonesia. This action not only threatens the individual's right to privacy but also has the potential to violate the legal provisions stipulated in Law Number 27 of 2022 concerning Personal Data Protection. This article aims to analyze the legal basis violated by this practice and provide a legal solution in an effort to protect customer rights. The formulation of the problem in this study is what form of legal violation of data leaks by banks to Mata elang and what is the legal enforcement mechanism. This study uses a normative legal method with a statutory and conceptual approach. Data were obtained through a literature study of relevant regulations and supporting scientific literature. The results of the analysis show that leaking customer data to third parties without valid consent is a violation of the principles of data processing in the PDP Law, especially regarding legality, transparency, and protection of data subjects. Banks as data controllers are responsible for the leak and can be subject to administrative, civil, or criminal sanctions. In closing, this study recommends strengthening internal bank regulations, strict supervision by regulatory authorities, and increasing legal awareness for customers. This effort is important to ensure the security of personal data and uphold the right to privacy in the banking system.

Naswa Fiolla Anggraini; Sidi Ahyar Wiraguna

RISOMA : Jurnal Riset Sosial Humaniora dan Pendidikan 2025 Asosiasi Ilmuwan Pendidikan, Sosial, dan Humaniora Indonesia

This study aims to analyze the legal responsibilities that can be imposed on online lending platform organizers for the misuse and illegal distribution of consumer personal data. With the rapid development of the online lending industry, the issue of protecting consumer personal data has become a very important issue. Misuse of personal data can have serious impacts on consumers, including identity theft and financial loss. Therefore, this study examines the forms of legal responsibilities that can be applied, such as administrative, criminal, and civil responsibilities, as well as the obstacles faced in their implementation. This study uses a normative approach with an analysis of applicable regulations, namely the Personal Data Protection Law (UU PDP), the Electronic Information and Transactions Law (UU ITE), and other related regulations. Data were obtained through a literature review covering relevant laws and regulations, journals, articles, and case studies. The results of the study indicate that online lending platform organizers can be subject to three forms of legal responsibilities. Administrative responsibilities include sanctions imposed by supervisory authorities such as the Financial Services Authority (OJK) and the Personal Data Protection Agency (BPDP). Criminal responsibilities can be in the form of imprisonment and fines for those who violate provisions related to personal data protection. Civil liability gives consumers the right to file a lawsuit for losses caused by a breach of their personal data. This study also identified various obstacles in implementing legal liability, such as lack of awareness of organizers, difficulties in supervision, and legal loopholes in user agreements.

Shafa Salsabila; Sidi Ahyar Wiraguna

Konsensus : Jurnal Ilmu Pertahanan, Hukum dan Ilmu Komunikasi 2025 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

The development of information technology has had a major impact on the personal data management system. In Indonesia, the enactment of Law Number 27 of 2022 concerning Personal Data Protection is a crucial step in guaranteeing individual privacy rights as part of human rights. This study aims to examine the form of legal accountability for personal data violations based on the provisions of the Law Number 27 of 2022. The method used is normative juridical with a statutory regulatory approach. The results of the study show that violations of personal data can be subject to sanctions in two forms, namely administrative and criminal. These sanctions are given to data controllers and parties proven to have violated the provisions, either due to negligence or deliberate actions. Although it has been regulated normatively, implementation in the field still faces a number of challenges, such as weak supervision, lack of legal literacy in the community, and unpreparedness of digital infrastructure. Thus, it is necessary to strengthen supervisory institutions, ongoing public education, and more responsive law enforcement mechanisms. This research is expected to contribute to the development of regulations and practices for personal data protection in Indonesia.