Proceedings of the 1st International Conference on Law, Social Science, Economics, and Education, MALAPY 2022, 28 May 2022, Tegal, Indonesia

Research Article

Corporate Criminal Liability for Leakage of Personal Data

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  • @INPROCEEDINGS{10.4108/eai.28-5-2022.2320539,
        author={Muis Ari Guntoro and Sanusi  Sanusi and Fajar Ari Sudewo},
        title={Corporate Criminal Liability for Leakage of Personal Data},
        proceedings={Proceedings of the 1st International Conference on Law, Social Science, Economics, and Education, MALAPY 2022, 28 May 2022, Tegal, Indonesia},
        publisher={EAI},
        proceedings_a={MALAPY},
        year={2022},
        month={8},
        keywords={personal data criminal liability corporate},
        doi={10.4108/eai.28-5-2022.2320539}
    }
    
  • Muis Ari Guntoro
    Sanusi Sanusi
    Fajar Ari Sudewo
    Year: 2022
    Corporate Criminal Liability for Leakage of Personal Data
    MALAPY
    EAI
    DOI: 10.4108/eai.28-5-2022.2320539
Muis Ari Guntoro1,*, Sanusi Sanusi1, Fajar Ari Sudewo1
  • 1: Universitas Pancasakti Tegal
*Contact email: muisariguntoro@gmail.com

Abstract

The type of research used in this thesis is normative juridical (legal research), using a statutory approach, and a conceptual approach. The problems in this thesis are: Regulation of personal data protection in Indonesian legislation and Corporate Criminal Liability for Personal Data Leakage. Personal data is an asset or commodity of high economic value. In addition, there is a correlative relationship between the level of trust and the protection of certain data from personal life. Protection of personal data is currently not regulated in a separate law but is still spread in various laws and regulations. Legal provisions related to the protection of personal data are still partial and sectoral, it seems that they have not been able to provide optimal and effective protection of personal data, as part of privacy. Seeing the victims of corporate crime in the criminal act of leaking personal data, it is very natural that the corporation must be responsible for all of its actions. The forms of losses and also the consequences of corporate crimes cannot be felt immediately (actual victims) but can only be felt and seen at a later time (potential victims). The victims of corporate crime include rival companies (competitors), consumers and the public (public) in general. As in the case of personal data leakage on Tokopedia, the victims are consumers who fall into the category of potential victims.