PERTANGGUNGJAWABAN PELAKU USAHATERHADAP DATA KONSUMEN YANG MENGGUNAKAN APLIKASI TOKOPEDIA
Abstract
Protecting personal data and documents containing such personal data
from acts of abuse is the responsibility of the electronic system operator (PSE). The
existence of leakage of user's personal data is of course the obligation and
responsibility of the marketplace platform provider to maintain the confidentiality
of the data. In Tokopedia's online buying and selling transactions, there are also
practices that can cause harm to users or consumers. In the Tokopedia case, which
was obtained from research by researchers, data belonging to 15 million Tokopedia
users was allegedly leaked in cyberspace. In fact, the latest news mentions that data
on 91 million users and more than seven million Tokopedia merchants are sold on
dark web sites. The data is sold at a price of 5,000 US dollars (approximately Rp.
74 million).
This type of research can be classified in the type of normative research,
namely legal research conducted by examining library materials. This study
examines vertical and horizontal synchronization regarding the protection of
Tokopedia application user data based on Law 19 of 2016 concerning Amendments
to Law Number 11 of 2008 concerning Information and Electronic Transactions
with Law Number 8 of 1999 concerning Consumer Protection, in addition to Law
No. -Law Number 8 of 1999 concerning Consumer Protection. This study also
examines legal protection for users of the Tokopedia application User Data.
The conclusion that can be drawn from the results of the research is that the
regulation regarding the protection of personal data in Indonesia has not been
properly regulated in the UUPK and UU ITE. There is no specific designation for
(E-commerce). This weakness is one of the factors that makes it difficult for
consumers to hold business actors accountable if data leaks occur. Tokopedia's
responsibility for the leakage of consumer's personal data in electronic commerce
is that consumers can sue the operator of the electronic system to be subject to
administrative sanctions or civil lawsuits. Settlement of personal data disputes on
the Tokopedia e-commerce site can be done through court or litigation.
Keywords: Accountability, Service Provider, Tokopedia Application User
from acts of abuse is the responsibility of the electronic system operator (PSE). The
existence of leakage of user's personal data is of course the obligation and
responsibility of the marketplace platform provider to maintain the confidentiality
of the data. In Tokopedia's online buying and selling transactions, there are also
practices that can cause harm to users or consumers. In the Tokopedia case, which
was obtained from research by researchers, data belonging to 15 million Tokopedia
users was allegedly leaked in cyberspace. In fact, the latest news mentions that data
on 91 million users and more than seven million Tokopedia merchants are sold on
dark web sites. The data is sold at a price of 5,000 US dollars (approximately Rp.
74 million).
This type of research can be classified in the type of normative research,
namely legal research conducted by examining library materials. This study
examines vertical and horizontal synchronization regarding the protection of
Tokopedia application user data based on Law 19 of 2016 concerning Amendments
to Law Number 11 of 2008 concerning Information and Electronic Transactions
with Law Number 8 of 1999 concerning Consumer Protection, in addition to Law
No. -Law Number 8 of 1999 concerning Consumer Protection. This study also
examines legal protection for users of the Tokopedia application User Data.
The conclusion that can be drawn from the results of the research is that the
regulation regarding the protection of personal data in Indonesia has not been
properly regulated in the UUPK and UU ITE. There is no specific designation for
(E-commerce). This weakness is one of the factors that makes it difficult for
consumers to hold business actors accountable if data leaks occur. Tokopedia's
responsibility for the leakage of consumer's personal data in electronic commerce
is that consumers can sue the operator of the electronic system to be subject to
administrative sanctions or civil lawsuits. Settlement of personal data disputes on
the Tokopedia e-commerce site can be done through court or litigation.
Keywords: Accountability, Service Provider, Tokopedia Application User
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