International Journal of Research and Innovation in Social Science (IJRISS) |Volume VI, Issue XII, December 2022|ISSN 2454-6186
Tubagus Muhammad Ali Ridho Azhari*, Maria Grasia Sari Soetopo
Department of Law, University of Pelita Harapan, Indonesia
*Corresponding Author
Abstract: The need for legal protection guarantees for digital concepts is very much needed in the digitalization era, especially with the widespread use of the internet in Indonesia, which tends to increase to become very vulnerable to opportunities for criminal acts to occur, especially law enforcement on personal data leaks. There have been several cases of personal data leakage in several e-marketplaces in Indonesia. The existence of vulnerabilities in the e-commerce cyber security system in Indonesia against personal data leakage requires the Government to resolve law enforcement issues through the ratification of Law No. 27 of 2022 concerning the Protection of Personal Data as a legal umbrella if there is a problem of leakage of personal data to every citizen as an e-commerce user. Because of this phenomenon, this study aims to evaluate the protection of personal data in transactions using e-commerce from the perspective of Indonesian law. This study uses a normative legal evaluation approach and normative-empirical law with qualitative analysis. This study found that personal data protection regulations are still partial, so Law no. 27 of 2022 concerning the Protection of Personal Data does not yet have maximum legal force purely as a legal regulator for guaranteeing personal data security.
Keywords: Data protection, E-Commerce transactions, Indonesia, Legal regulators, Personal data
I. INTRODUCTION
Guaranteed legal protection is needed in the digitalization era. This reason happens because internet use in Indonesia tends to increase. Many internet users provide opportunities for crime to occur on the internet in the form of traded personal data. It is because, in the digitalization era, access to everything can be done using the internet. Therefore, data protection is needed for internet users. [1], [2].
In the concept of protection, the state’s role has a goal to be realized in the form of protection, one of which is crucial is the protection of the personal data of every resident or citizen of Indonesia. As a form of innovation, information technology can now collect, store, share and analyze data. Thus, these activities have resulted in various sectors of life utilizing information technology systems, such as terms of using electronic commerce (e-commerce) in the trade/business sector, electronic education (e-education) in the education sector, electronic health (e-health) in the health sector, electronic Government (e-government) in the government sector, search engines, social networks, smartphones and mobile internet as well as the development of the cloud computing industry [2].