PERLINDUNGAN HUKUM TERHADAP PENGGUNA APLIKASI E - COMMERCE YANG TERDAMPAK KEBOCORAN DATA PRIBADI DITINJAU BERDASARKAN UUD 1945 PASAL 28 G AYAT (1)

Abstract

In the current era of technological development, technological and information innovation continues to develop, one example is E-commerce. However, in its implementation, there are still some weaknesses, one of which is in the cyber security system which regulates the protection of personal data belonging to Ecommerce users which results in the leakage of personal data. In addition, the absence of specific regulations regarding the protection of personal data has caused many problems related to the leakage of personal data. This is contrary to Article 28G paragraph (1) of the 1945 Constitution of the Republic of Indonesia (1945 Constitution of the Republic of Indonesia) which states that everyone has the right to personal protection. Along with this, there are concerns from media users Ecommerce applications regarding personal data stored by E-commerce application media companies, so more specific rules are needed regarding legal protection for E-commerce application users. The purpose of this research is to further examine the rules related to legal protection for users who are affected by personal data leaks on E-commerce media based on the agreement in the Terms and Conditions and related laws and regulations such as the ITE Law and its amendments, PP 71/2019 concerning the Implementation of Electronic Systems and Transactions, Government Regulation Number 80 of 2019 concerning Trading Through Electronic Systems, Minister of Transportation and Information Technology Regulation Number 20 of 2016 concerning Protection of Personal Data in Electronic Systems. The method used in this research is normative juridical research, with a statutory approach. Collection of legal material sources, both primary and secondary, is carried out through statutory regulations and all official documents containing legal provisions and searches related to research results such as journals and the internet.

Keywords : E – Commerce, Electronic, Personal Data