Corporate Criminal Liability as The Perpetrator of Personal Data Leakage Based on The Perspective of Criminal Law

The study focuses on the weaknesses of the regulation under Law No. 19 of 2016 concerning Information and Electronic Transactions in relation to personal data breaches and the ongoing occurrence of personal data breaches, as well as the criminal liability of corporations as perpetrators of personal data breaches. This research employs a normative juridical approach by examining the ITE law and analyzing it using the theory of corporate criminal liability in conjunction with the provisions in Law No. 1 of 2023 concerning the Indonesian Penal Code.The findings of this study indicate that the ITE Law does not comprehensively regulate the protection of personal data, particularly in the context of personal data breaches. Furthermore, corporate criminal liability for personal data breaches is subject to sanctions under Law No. 27 of 2022 concerning Personal Data Protection. This research utilizes a descriptive-analytical method to provide an overview and analysis of the application of regulations based on the prevailing legal provisions. The main objective is to analyze the weaknesses and corporate criminal liability to draw general conclusions about the approaches and rules applied in personal data protection in Indonesia. Consequently, this study offers significant insights into safeguarding personal data, particularly in addressing personal data breaches in Indonesia.

Authors

Publication Details

Journal
Syiah Kuala Law Journal
Published
2025-04-25
DOI
https://doi.org/10.24815/sklj.v8i3.40869
Primary Topic
Legal and Social Justice Studies
Type
article
Field-Weighted Citation Impact
0.00
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article

Corporate Criminal Liability as The Perpetrator of Personal Data Leakage Based on The Perspective of Criminal Law

Rd. Dewi Asri Yustia, Gusti Mashafira Berlia
Syiah Kuala Law Journal
Legal and Social Justice Studies
article

Corporate Criminal Liability as The Perpetrator of Personal Data Leakage Based on The Perspective of Criminal Law

Rd. Dewi Asri Yustia, Gusti Mashafira Berlia
article en

Abstract

The study focuses on the weaknesses of the regulation under Law No. 19 of 2016 concerning Information and Electronic Transactions in relation to personal data breaches and the ongoing occurrence of personal data breaches, as well as the criminal liability of corporations as perpetrators of personal data breaches. This research employs a normative juridical approach by examining the ITE law and analyzing it using the theory of corporate criminal liability in conjunction with the provisions in Law No. 1 of 2023 concerning the Indonesian Penal Code.The findings of this study indicate that the ITE Law does not comprehensively regulate the protection of personal data, particularly in the context of personal data breaches. Furthermore, corporate criminal liability for personal data breaches is subject to sanctions under Law No. 27 of 2022 concerning Personal Data Protection. This research utilizes a descriptive-analytical method to provide an overview and analysis of the application of regulations based on the prevailing legal provisions. The main objective is to analyze the weaknesses and corporate criminal liability to draw general conclusions about the approaches and rules applied in personal data protection in Indonesia. Consequently, this study offers significant insights into safeguarding personal data, particularly in addressing personal data breaches in Indonesia.

Syiah Kuala Law JournalVol. 8(3)
Openalex Percentile: Top 87%
Legal and Social Justice Studies
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