DE LEGA LATA: Jurnal Ilmu Hukum
Vol 8, No 2 (2023): July-December

Actualization of criminal liability for personal data protection in the use of financial technology: a comparative study of Law Number 11 of 2008 concerning Information and Electronic Transactions and Law Number 27 of 2022 concerning Protection of Personal Data

Erwin Asmadi (Fakultas Hukum Universitas Muhammadiyah Sumatera Utara)
Adi Mansar (Universitas Muhammadiyah Sumatera Utara)
Triono Eddy (Universitas Muhammadiyah Sumatera Utara)

Article Info

Publish Date
26 Jun 2023

Abstract

Unlike Law Number 27 of 2022 Concerning Personal Data Protection, the ITE Law does not stipulate criminal penalties for people who distribute personal data without the consent of the owner of the personal data. Misuse of personal data is an act that fulfills the elements of a criminal act such as the elements of the crime of theft and elements of the crime of fraud and other crimes both in terms of objective elements and subjective elements. With the fulfillment of these elements, administrative sanctions, civil sanctions and criminal sanctions are not sufficient to accommodate the criminal act of misusing personal data which is actually a perfect form of crime. Article 67 of Law Number 27 of 2022 Concerning Personal Data Protection outlines criminal threats for violating what has been regulated in Article 65. Meanwhile, the ITE Law does not regulate criminal responsibility for people who disseminate personal data, unless it is followed by a violation of decency. , gambling, insulting or defaming as well as extortion and threats

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Journal Info
DE LEGA LATA: Jurnal Ilmu Hukum
Website

Abbrev

delegalata

Publisher

Universitas Muhammadiyah Sumatera Utara

Subject

Law, Crime, Criminology & Criminal Justice

Description

De Lega Lata is an academic journal published by Faculty of Law, University of Muhammadiyah Sumatera Utara (UMSU), Medan, North Sumatra, Indonesia, which includes articles on the scientific research field of Law Sciences, includes the results of scientific research and reviews on selected ...