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Implementation of the Personal Data Protection Law for Consumers Against Business Actors

Redaksi Literasi Hukum Indonesia

06 Feb 2023 · 23:30 06 February 2023 23:30 WIB 5 minutes reading time: 5 minutes 53 read

Legal Literacy - This article discusses the Implementation of the Personal Data Protection Law for consumers against business actors. Let's look at the explanation below. Written by: Imam Gunawan (Student...

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Consumers in this case are personal subjects, where the personal subjects are personal data. In addition, personal subjects have prerogative rights when they feel their rights have been violated, such as the right to sue and claim compensation if a violation occurs in data processing.6

If viewed from Perkominfo Number 20 of 2016, when a consumer or owner of personal data feels aggrieved or their rights are not fulfilled, they can file a civil lawsuit, especially if there is a failure in the matter of personal data protection.7However, due to the Personal Data Protection Law, this can be subject to criminal sanctions.

There are 3 aspects to every person8who commit violations against personal data based on its criminal provisions, including:

A person who intentionally collects personal data with the aim of benefiting themselves. They will be subject to a maximum imprisonment of 5 years and/or a maximum fine of Rp5,000,000,000 (five billion rupiah);
Any person who intentionally discloses personal data that does not belong to them will be subject to a maximum imprisonment of 5 years and/or a maximum fine of Rp4,000,000,000 (four billion rupiah);
Any person who intentionally uses another person's personal data that does not belong to them. They will be subject to a maximum imprisonment of 5 years and/or a maximum fine of Rp5,000,000,000 (five billion rupiah).9

Imprisonment penalties usually apply to someone as a data controller or processor, because they are the ones who have people's data in detail and completely. However, ordinary people can also be subject to these penalties if they violate the provisions. Therefore, the Personal Data Protection Law is also useful for protecting a person's personal data from cybercrime.

Regarding penalties for corporations that violate the law, where the corporation is a form of business entity. Then the punishment is only a fine. In addition, business actors can be subject to additional penalties in the form of:10

Confiscation of profits and/or assets obtained or resulting from criminal acts;
Freezing all or part of the Corporation's business;
Permanent prohibition from carrying out certain actions;
Closure of all or part of the Corporation's business premises and/or activities;
Fulfilling neglected obligations;
Payment of compensation;
Revocation of permits; and/or
Dissolution of the Corporation.

Therefore, the Personal Data Protection Law certainly has a very large positive impact on society. Considering the modern era and all activities are carried out with electronic devices. We should comply with the applicable law enforcement.