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Article 20 of the Personal Data Protection Law (UU PDP) normatively regulates the protection of data subjects and constitutes a key provision emphasizing the principle of consent as the legal basis for the processing of personal data for commercial purposes. This norm safeguards individual privacy rights, including the validity of explicit consent, the right to withdraw consent, and the responsibility of data controllers. Furthermore, Articles 65–70 of the UU PDP substantively regulate various forms of criminal violations in the context of personal data protection, including the acquisition, disclosure, processing, falsification, and illegal use of personal data, demonstrating the state’s commitment to providing criminal law protection against personal data breaches. This study employs doctrinal legal research with a descriptive-normative approach to address two main issues. First, it aims to examine and identify the legal protection of personal data trading under the UU PDP. Second, it seeks to analyze and identify the legal certainty of personal data trading as regulated by the UU PDP. Although Article 20 of the UU PDP is intended to provide strong protection against the commercial use of personal data, the provision still gives rise to legal uncertainty due to the lack of clear regulation of several crucial aspects. Similarly, Articles 65–70 contain significant legal uncertainties, particularly with regard to the elements of criminal offenses, forms of harm, corporate criminal liability, overlap with other regulations, and the absence of clear enforcement mechanisms and implementing institutions.  

Article 20 of the Personal Data Protection Law (PDP Law) normatively regulates the protection of data subjects and constitutes a pivotal provision that underscores the principle of consent as the legal basis for the processing of personal data for commercial purposes. This normative framework safeguards individuals’ right to privacy, encompassing the validity of explicit consent, the right to withdraw such consent, and the accountability of data controllers. In parallel, Articles 65 to 70 of the PDP Law substantively establish various categories of criminal offenses within the context of personal data protection. These include the unlawful acquisition, disclosure, processing, falsification, and utilization of personal data. Collectively, these provisions reflect the State’s commitment to ensuring criminal legal protection against violations of personal data.This research adopts a doctrinal legal methodology with a descriptive-normative approach to address two primary issues: First, to examine and identify the scope of legal protection concerning the trade of personal data under the PDP Law; and Second, to assess and determine the degree of legal certainty afforded to the trade of personal data within the framework of the PDP Law.Notwithstanding the protective intent embodied in Article 20—particularly concerning the commercial use of personal data—this provision gives rise to legal uncertainty due to the absence of comprehensive regulatory clarity on several critical aspects. Similarly, Articles 65 to 70 continue to exhibit significant legal ambiguities, particularly with respect to the constituent elements of offenses, the definition of harm, corporate liability, regulatory overlap with other legislative instruments, and the lack of clear enforcement mechanisms and implementing institutions.

A problem that is often debated by both the western and eastern world is the problem of determining the truth of a scientific field or theory. In western science, a thought emerged from a philosopher, namely the theory of falsification put forward by Karl Raymond Popper. In his theory Popper argues that the truth of a science is not determined through justification (verification), but through refuting the propositions that science itself builds (falsification). The study of Popper's falsification has been very widely published and discussed in various writings, especially in Islamic studies and science (science). In this article, the author tries to briefly describe the urgency of Karl R. Popper's thought in the academic field. The method used in writing this article is library research (literature review), using relevant documents, journals, and research. Through this research, it is known that the application of Karl Raimund Popeer's theory of falsification is very important in the academic field. This is evidenced by the concept of falsification which is used to determine the scientific knowledge. In addition, the concept of falsification was used long before Popper introduced the theory. One of them is used by the Muslim philosopher Imam Al-Gazali in defending and proving his arguments and thoughts. In the development of scientific methods, the principle of falsification plays an important role in strengthening scientific theory because it serves as evidence to disqualify other irrelevant theories.