ARCHIVES
VOL. 9, ISSUE 1 (2023)
Protection of consumer personal confidential data on social media associated with electronic trade transactions in Indonesia
Authors
Desi Afriyani, Sri Walny Rahayu, Azhari
Abstract
Article 1 paragraph (2) of the Law on Information and Electronic Transactions states that, "Electronic transactions are legal actions carried out using computers, computer networks, and/or other electronic media. In accordance with the explanation of the article above, e-commerce buying and selling activities are included in electronic transactions because the media used is a computer via the internet network. In buying and selling electronically, consumers are usually positioned as a party whose rights are sidelined as stated in Article 4 of Law Number 8 of 1999 concerning Consumer Protection. Based on the explanation above, the problem of legal protection for consumers and the responsibilities of business actors and legal remedies that can be taken in the event of a dispute relating to the protection of consumers' personal confidential data is something that must be considered, because until now there have been no specific provisions or rules governing electronic commerce. In this statement, there are three formulations of the problem: whether the 1999 consumer protection law and the 2008 ITE law have protected consumers' confidential personal data when conducting electronic transactions, legal remedies that can be taken by consumers who have suffered losses related to leakage of their personal confidential data and obstacles to consumer law enforcement challenges in electronic transactions in the millennial era. This study aims to explain and analyze various issues regarding the legal protection of consumers' personal confidential data and see how far consumer protection laws are in protecting consumers and the efforts that can be taken by consumers in the event of a dispute. This study uses normative juridical research methods, namely law is conceptualized as norms, rules, principles, principles or dogmas. Normative juridical research is research that is focused on examining the application of rules or norms in positive law. The results of the study show that the Consumer Protection Law and the ITE Law are not efficient enough in their regulation, it's just that in electronic trading practices there are still business actors who do not comply with the rules that have been set. Settlement of disputes or legal efforts that occur in electronic commerce if there are parties who are harmed, namely they can ask for compensation from business actors on social media. Dispute resolution can also be carried out peacefully by both parties without going through settlement bodies and courts. Factors that cause weak law enforcement for consumer protection in electronic transactions in Indonesia are the legal factor itself, law enforcement factors, law enforcement facilities and facilities, community and cultural factors.
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Pages:59-66
How to cite this article:
Desi Afriyani, Sri Walny Rahayu, Azhari "Protection of consumer personal confidential data on social media associated with electronic trade transactions in Indonesia". International Journal of Law, Vol 9, Issue 1, 2023, Pages 59-66
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