Law Enforcement Against Violations Of Privacy Rights Resulting From The Use Of Personal Data Without Consent In Electronic Media To Create Legal Awareness In Society
DOI:
https://doi.org/10.33751/palar.v12i1.193Abstrak
The development of information technology has increased the intensity of the use of personal data in various activities through electronic media, but on the other hand, it has also given rise to various violations of privacy rights due to the use of personal data without the owner's consent. Although Indonesia has Law Number 27 of 2022 concerning Personal Data Protection and Law Number 1 of 2024 concerning the Second Amendment to Law Number 11 of 2008 concerning Electronic Information and Transactions, the effectiveness of law enforcement still faces various challenges. This study aims to analyze law enforcement against violations of privacy rights due to the use of personal data without consent in electronic media, based on Indonesian positive law, and to formulate an ideal concept of law enforcement to realize public legal awareness. This study uses an empirical juridical legal research method with a statutory approach, a conceptual approach, and an empirical approach. Data were obtained through literature studies and interviews with academics and law enforcement practitioners, then analyzed qualitatively using Lawrence M. Friedman's legal system theory, Soerjono Soekanto's theory of legal effectiveness and legal awareness, and Hans Kelsen's theory of legal norms. The results of the study indicate that law enforcement against violations of privacy rights has an adequate normative basis, but its implementation is not optimal due to the lack of harmonization of regulations, the limited capacity of law enforcement officers, the complexity of electronic evidence, and low public legal awareness. This study offers an ideal concept of law enforcement through strengthening legal substance, legal structure, and legal culture in an integrated manner as a law enforcement model that is not only oriented towards enforcement, but also on building public legal awareness in protecting personal data in the digital era.
Keywords: Law Enforcement, Privacy Rights, Personal Data, Personal Data Protection, Legal Awareness.
Referensi
A. Legislation
Indonesia. The Constitution of the Republic of Indonesia (The 1945 Constitution).
Indonesia. Law Number 27 of 2022 concerning Personal Data Protection. LN No. 196 of 2022, Supplement to LN No. 6820.
Indonesia. Law Number 1 of 2024 concerning the Second Amendment to Law Number 11 of 2008 concerning Electronic Information and Transactions. LN No. 1 of 2024, TLN No. 6905.
B. Books
Fredman, Lawrence M. The Legal System: A Social Science Perspective. New York: Russell Sage Foundation, 1975.
Kelsen, Hans. General Theory of Law and State. New York: Russell and Russell, 1971.
Soekanto, Soerjono. Factors Influencing Law Enforcement. Jakarta: Rajawali Press, 2010.
C. Journal Articles
Al Kautsar, Izzy, and Danang Wahyu Muhammad. “Lawrence M. Friedman's Modern Legal System: Legal Culture and Social Change in Society from Industrial to Digital.” Sapientia et Virtus Journal 7, no. 2 (2022).
Bukian, Putu Khan'ha Khilana Putra, Ni Luh Wayan Yasmiati, and Seni Kamalia Rizki Fathullah. “The Vacuity of Digital Forensic Norms in Handling Natural Resource Crimes (SDA): Analysis of the State's Constitutional Responsibility Post-Law 1/2024.” Alliance: Journal of Educational Law and Social Humanities 3, no. 3 (2026).
Daeng, Yusuf, et al. “Personal Data Protection in the Digital Era: A Review of the Legal Framework for Privacy Protection.” Innovative: Journal of Social Science Research 3, no. 6 (2023).
Fadillah, Ranti, et al. “The Spirit and Contribution of Hans Kelsen in the Development of Legal Science.” Das Sollen: Journal of Contemporary Studies of Law and Society 2, no. 1 (2023).
Hidayah, Ghufron Rosadi, Ha. Djazim Ma'shum, and Muhammad Awaluddin. “Comparative Study of Personal Data Protection in the 2024 ITE Law and the 2022 PDP Law.” Journal of Social, Political, and Humanities Research Cluster 4, no. 4 (2025).
Nduru, Kurniawan, M. Yusuf Daeng, and Rudi Pardede. “Law Enforcement of Personal Data Misuse on Social Media.” Lancang Kuning Law Journal 2, no. 2 (2025).
Qurrotuaini, Nur Azizah. “The Right to Privacy as a Constitutional Right in the Digital Era: A Juridical Study from a Cyber Law Perspective.” Staatsrecht: Journal of Islamic State and Political Law 4, no. 2 (2024).
Sakti, Abdul. “The Influence of Digital Forensic Education and Training on the Quality of Cybercrime Case Handling.” Popular: Student Research Journal 4, no. 1 (2025).
Simanjuntak, Predderics Hockop. “Legal Protection of Personal Data in the Digital Era in Indonesia: A Study of the Personal Data Protection Law and the General Data Protection Regulation (GDPR).” Journal Esensi Hukum 6, no. 2 (2024).
Siregar, Nur Fitriyani. “The Effectiveness of Law.” Al-Razi: Journal of Science and Society 18, no. 2 (2018).
Sudiantini, Dian, et al. “Digital Transformation: Impacts, Challenges, and Opportunities for Digital Economic Growth.” Trending: Journal of Economics, Accounting and Management 1, no. 3 (2023).
Tommy, Syarifa, and Muhammad Irwan Padli Nasution. “Evaluation of Cybersecurity Risk Management in Government Digital Infrastructure.” Kampus Akademik Publishing: Scientific Journal of Economics and Management 3, no. 6 (2025).
D. Online News
Detikinet. “Komdigi Receives Hundreds of Complaints about Personal Data Protection.” Accessed May 29, 2026.
E. Interviews
Hardiyani, Rima Eka. Head of the Pre-Prosecution Subsection of the General Crimes Section of the Cilegon District Attorney's Office. Interview, June 22, 2026.
Maryani, Desy. Lecturer in Criminal Law, Faculty of Law, Daehasen University, Bengkulu. Interview, June 15, 2026.
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