IMPLEMENTASI ATURAN PERLINDUNGAN DATA PRIBADI OLEH PENYELENGGARA SISTEM ELEKTRONIK DIKAITKAN DENGAN TEORI KEADILAN DAN KEPASTIAN HUKUM

Abstract

Technological developments and the massive use of technology in our daily lives have greatly affected aspects of human lives in many ways, including trading activities. However, the numerous benefits offered by technological advancements turned out to also cause various issues, including problems in e-commerce and in the implementation of electronic systems. One such problem is the risk of data security. Currently, the provisions on protection of personal data, particularly in the implementation of electronic systems, are contained in the Law on Electronic Information and Transactions and several implementing regulations. However, the results of the study show that, from the perspectives of the Dignified Justice Theory and the Legal Certainty Theory, the existing regulations are inadequate and ineffective in protecting the privacy right of the users of electronic systems as a basic human right. The binding effect and force of law of a Ministerial Regulation is not the same as that of a Law. To date, in Indonesia, there is no specific law regulating protection of personal data causing legal vacuum and legal uncertainty and contributing to the non-optimal handling of cases of data leakage and protection of rights of data subjects.