Suchergebnisse

Within the last five years it is noted that the people of Indonesia has become more aware of their privacy on personal data since their personal data is being collected, distributed and disseminated without their prior consent both by the government and businesses and their co-ventures . These businesses tend to commit violations by using and disseminating customers' data without the consent of their respective customers. This article focuses on Indonesian legal framework on the Privacy on personal data. It is argued that although there is existing laws in the privacy on personal data, however, those legal framework still developed in very sectoral nature. It is submitted that the most suitable regulatory concept for Indonesia is a combination regulatory concept, or hybrid concept., which protect Indonesian's and foreigner parties' interests privacy on personal data. To investigate existing laws in personal data protection, this research examines both national as well as international and regional legal framework in personal data protection. Comparison between Indonesia and the practice of other ASEAN states is also conducted to determine the most suitable approaches in addressing the protection of personal data.

Personal data in the big data era is different from traditional data; such data are specifically based on transactions that are documented, classified, and stored with computer technology. Personal data are inputted into the big data technology system to explain in detail the personality of each individual. This causes concern on the part of the owners of the stored personal data in big data system regarding data breach activities. Data breach is very detrimental to the owners of personal data and the corporate bodies that is responsible for the personal data. The purposes of this study are to formulate the most appropriate steps for legal protection of individuals' personal data against data breach practices and determine the legal liability for data breach by a company that fails to protect the personal data of its customers. The method used is the normative juridical approach. The results of this study indicate that the legal protection of personal data is still insufficiently emphasized by the government to administrators of electronic systems in relation to improving the infrastructure of the company's security system given that the development of big data is rapid. Also, measures to combat data breach has not been implemented properly, as the process is long and involves complaint to the minister before being able to file a civil suit, notwithstanding the fact that personal data is highly sensitivity.

Developments in information and communications technology have significantly influenced and changed lives of peoples by providing new opportunities for consumers and businesses. In digital economic era, an increasing number of consumers engage in e-commerce, which provides easier and faster access to products and services However it also presents some challenges for consumers that differ from offline commercial transactions. The impersonality of e-commerce weakens the relationship between businesses and consumers, thereby increasing consumer vulnerability that could lead to to unfair commercial practices and causing uncertainty and lack of trust by consumers. Therefore, there is a need by the government and busineese to promte and protect consumer trust in digital markets so it will not hamper development digital economy

The implementation of good corporate governance (GCG) is the main foundation of companies that needs to run their business activities for a long period. Along with the development of technology and information, the implementation of GCG is increasingly needed for internet intermediary platform providers in carrying out their business activities. The implementation of GCG principles can also reduce the risk of failure in protecting privacy of personal data on the platform. The related principles are transparency, accountability, and responsibility principle by taking into account a number of laws and regulations such as Law No. 11 of 2008 as amended by Law No. of 2016 concerning Amendments to Law No. 11 of 2008 concerning Information and Electronic Transactions (ITE Law), Government Regulation No. 71 of 2019 (GR 71/2019), and Ministry of Communication and Information Regulation No. 20 of 2016. This research will use a normative juridical research method that takes into account the provisions of the legislation and other relevant documents. As a result, the implementation of GCG is not fully implemented in the case of failure in protecting privacy of personal data in internet intermediary company (PT Bukalapak), thus the legal attempt that can be applied to manifest the company's liability refers back to ITE Law, GR 71/2019, and Ministry of Communication and Information Regulation 20/2016 which are compensation and administrative sanctions.

The practice of the regionalization principle in Article 6 Sanitary and Phytosanitary (SPS) Agreement is still conflicted. This is because of several cases regarding the members misinterpretation of international guidelines in the regionalization principle, such as India – Agricultural Products and Russia – Pigs (EU). Recently, Coronavirus Diseases 2019 (Covid-19) has been considered to affect animal trade. Such conditions prompt the World Trade Organization (WTO) to recommend the Members to take SPS Measures to protect their domestic market. However, the trade would be inhibited in case the country-wide ban approach is applied. Therefore, this paper discusses the possible SPS measures under the regionalization principle to promote the trade during the pandemic according to WTO decisions from previous cases in line with the VCLT of 1969. The research result shows that the Covid-19 is an obstacle to international trade and makes humans and animals vulnerable to this virus. Consequently, many animal trades have been banned to prevent its spread. To deal with this condition, Indonesia could apply the regionalization principle in Article 6 SPS Agreement. Moreover, the government should update the quarantine law by pointing out the regionalization principle, unlike the zone system rules only applied to animals susceptible to Food Mouth Disease