URGENSI PERLINDUNGAN HUKUM TERHADAP DATA PRIBADI DARI PENYALAHGUNAAN ORANG LAIN DENGAN PENDEKATAN SOSIOLOGI HUKUM

Abstract

Abstrack

The development of information technology and the internet has changed the way humans communicate, one of which is the development of social networks, social networks have become a part of life for receiving, sharing and disseminating information. The aim of this research is to find out and determine the form of legal protection and legal remedies that can be taken by parties who experience losses due to misuse of personal data. The legal sociology approach method is based on Law Number 27 of 2022 concerning the protection of personal data. The research results from this thesis obtained answers, namely, first, that the forms of legal protection are preventive legal protection from the government in order to prevent violations from occurring as well as repressive legal protection. This form of repressive protection is in the form of fines, sanctions and imprisonment according to articles 67 to 68 of Law Number 27 of 2022 concerning personal data protection. Second, legal action that can be taken by victims of the crime of personal data theft can be done through the penalty route of making a report to the authorities supported by concrete evidence relevant to the crime. Apart from that, the victim has compensation and restitution as regulated by Perma Number 1 of 2022 in conjunction with Government Regulation Number 35 of 2020 concerning amendments to Government Regulation number 7 of 2018 concerning the provision of compensation, restitution and assistance to witnesses and victims. Non-penal legal remedies with out-of-judicial resolution as regulated by Minister of Communication and Information Regulation number 20 of 2016 concerning protection of personal data in electronic system.

Keyword : Personal Data, Electronic Information, Crime, Legal Remedies