Proceedings of the International Conference on Sustainability in Technological, Environmental, Law, Management, Social and Economic Matters, ICOSTELM 2022, 4-5 November 2022, Bandar Lampung, Indonesia

Research Article

Criminal Law Policy to the Perpetrator of Data Leakage in Indonesia

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  • @INPROCEEDINGS{10.4108/eai.4-11-2022.2329675,
        author={Bryan Terra Alderino Sianipar and Pujiyono  Pujiyono and Nur  Roechaeti},
        title={Criminal Law Policy to the Perpetrator of Data Leakage  in Indonesia},
        proceedings={Proceedings of the International Conference on Sustainability in Technological, Environmental, Law, Management, Social and Economic Matters, ICOSTELM 2022, 4-5 November 2022, Bandar Lampung, Indonesia},
        publisher={EAI},
        proceedings_a={ICOSTELM},
        year={2023},
        month={9},
        keywords={personal data data leakage and criminal law policy},
        doi={10.4108/eai.4-11-2022.2329675}
    }
    
  • Bryan Terra Alderino Sianipar
    Pujiyono Pujiyono
    Nur Roechaeti
    Year: 2023
    Criminal Law Policy to the Perpetrator of Data Leakage in Indonesia
    ICOSTELM
    EAI
    DOI: 10.4108/eai.4-11-2022.2329675
Bryan Terra Alderino Sianipar1,*, Pujiyono Pujiyono1, Nur Roechaeti1
  • 1: Faculty of Law, Diponegoro University, Semarang, Indonesia
*Contact email: bryansianipar18@gmail.com

Abstract

The passage of time has resulted in abuses of the right to privacy occurring not just in the offline realm but also in the public sphere. Efforts to combat leakage of private data can be made through a criminal law policy, such as the enactment of a statute that particularly governs the Protection of Private Information. The method employed is normative legal research. This study also employs a comparative method to examine criminal law regulations against personal data leaking in Indonesia and surrounding countries such as the United Kingdom, Hong Kong, Malaysia, and Singapore. According to the findings of this study, Indonesia's legal protection policy for individual rights in the leakage of personal data is currently dispersed among multiple laws and regulations. It has not been able to provide optimal and effective protection for private information as part of the right to privacy. Digital networks are now implementing this legal protection strategy in the form of a personal data leakage avoidance policy, personal data theft prevention policy, personal information security policy, and private data security policy.