URGENSI UU PERLINDUNGAN DATA PRIBADI: TANGGUNG JAWAB HUKUM KEBOCORAN DATA PEDULILINDUNGI

Abstract

This study aims to comprehensively examine the legal dimensions arising from the personal data breach incident affecting users of the PeduliLindungi application. Utilizing a normative juridical approach, the analysis is grounded in statutory regulations, legal principles, court decisions, and relevant legal practices. The primary focus is on the legal liability of electronic system providers under Law Number 11 of 2008 concerning Electronic Information and Transactions, as amended by Law Number 19 of 2016 (ITE Law), and Government Regulation Number 71 of 2019 on the Operation of Electronic Systems and Transactions (PP PSTE). This research also links data breach issues to human rights principles, particularly the right to privacy enshrined in Article 28G paragraph (1) of the 1945 Constitution. The findings affirm that electronic system providers have an absolute obligation to ensure the confidentiality, integrity, and availability of personal data. Non-compliance leads to administrative, civil, and potentially criminal liabilities if elements of intent or gross negligence are present. Hence, the enactment of a Personal Data Protection Law is urgently needed to address the substantive legal vacuum in Indonesia's data protection framework.