scholarly journals PERLINDUNGAN HUKUM TERHADAP KEAMANAN DATA KONSUMEN FINANCIAL TECHNOLOGY DI INDONESIA

2019 ◽  
Vol 3 (2) ◽  
pp. 145-160
Author(s):  
Kornelius Benuf ◽  
Siti Mahmudah ◽  
Ery Agus Priyono
Keyword(s):  
Data Security ◽  
Personal Data ◽  
Legal Protection ◽  
Financial Service ◽  
Financial Service Authority ◽  
Electronic Contract ◽  
Circular Letter ◽  
Consumer Data ◽  
Approach Method ◽  
Financial Technology

The aim of this study is to determine the legal protection of consumer data security in Indonesia Fintech business based on the Financial Service Authority (Otoritas Jasa Keuangan-OJK) Regulation and other related ordinance. The approach method used in this study is normative juridical. The study result explains that the parties of Fintech business consist of Fintech organizer (producer) and Fintech user (consumer). The relation among the parties is created due to an electronic contract. Basically, the protection of Fintech consumer personal data is regulated in Communication and Information Minister Regulation, Bank Indonesia Regulation, and Financial Service Authority Regulation. In addition, the protection of data was regulated in the Financial Service Authority Circular Letter.

scholarly journals Is Big Data Security Essential for Students to Understand?

2020 ◽  
Vol 11 (2) ◽  
pp. 161-170
Author(s):  
Rochman Hadi Mustofa
Keyword(s):  
Big Data ◽  
Undergraduate Students ◽  
Data Security ◽  
Personal Data ◽  
Digital Data ◽  
Security And Privacy ◽  
Group Discussions ◽  
Technology Applications ◽  
Digital Payments ◽  
Financial Technology

AbstractBig Data has become a significant concern of the world, along with the era of digital transformation. However, there are still many young people, especially in developing countries, who are not yet aware of the security of their big data, especially personal data. Misuse of information from big data often results in violations of privacy, security, and cybercrime. This study aims to determine how aware of the younger generation of security and privacy of their big data. Data were collected qualitatively by interviews and focus group discussions (FGD) from. Respondents were undergraduate students who used social media and financial technology applications such as online shopping, digital payments, digital wallet and hotel/transportation booking applications. The results showed that students were not aware enough and understood the security or privacy of their digital data, and some respondents even gave personal data to potentially scam sites. Most students are not careful in providing big data information because they are not aware of the risks behind it, socialization is needed in the future as a step to prevent potential data theft.

scholarly journals Legal Protection Carried Out by the Financial Service Authority in a Dispute between Consumers and Insurance Companies in Indonesia

2018 ◽  
Vol 3 (1) ◽  
pp. 55-61
Author(s):  
Pujiyono ◽  
Sufmi Dasco Ahmad
Keyword(s):  
Dispute Resolution ◽  
Financial Services ◽  
Legal Protection ◽  
Secondary Data ◽  
Analytical Techniques ◽  
Financial Service ◽  
Insurance Companies ◽  
Data Types ◽  
Financial Service Authority ◽  
Litigation Process

This study aims to find out how the form of legal protection carried out by the Financial Service Authority towards consumers who experience disputes with insurance companies in Indonesia. This research is a normative legal research that is the prescriptive approach. The data are taken from secondary data types that consist of primary and secondary legal materials. Data collection techniques used are library studies, and the analytical techniques used are deductive by syllogism method. The result of the study shows that a form of repressive protections is carried out by the Financial Service Authority after a dispute between consumers and insurance services and a legal defense that contains many weaknesses. Settlement of disputes between consumers and Insurance Companies can be done through litigation/ court and non-litigation/ out of court settlement. In the litigation process through the Commercial Court. The non-litigation process that will carried out with the institution/ internal dispute resolution step, limited facilities through mediation that facilitated by Financial Services Authority and finally through the external dispute resolution or the arbitration institution.

scholarly journals Legal Weak Protection of Personal Data in the 4.0 Industrial Revolution Era

2020 ◽  
Vol 2 (2) ◽  
pp. 182-200
Author(s):  
Fenty Usman Puluhulawa ◽  
Jufryanto Puluhulawa ◽  
Moh. Gufran Katili
Keyword(s):  
Industrial Revolution ◽  
Personal Information ◽  
Personal Data ◽  
Legal Protection ◽  
Easy Access ◽  
Personal Data Protection ◽  
Digital Ecosystem ◽  
Approach Method ◽  
The Impact ◽  
Society Today

This study aims to discuss the legal weak protection of personal data which is motivated by the phenomenon of society today which is like living in a world without borders so that it impacts on easy access to one's personal information, the impact of begins to spread illegal practices by irresponsible parties in the illegal use of personal information. In addition, there are no laws that specifically regulate the protection of personal data/information in the 4.0 Industrial Revolution era. The approach method used is a conceptual and case approach, with the purpose of the research is to analyze the weakness of legal protection for personal data in the 4.0 Industrial Revolution era in Indonesia. The results of the study, the spread of personal data protection arrangements in various laws and regulations indicate the protection of personal data is not yet a national legal priority and results in legal weak protection of the personal data of citizens so as to position Indonesian citizens in a vulnerable position, which is certainly not in line with the legal objectives namely provide legal certainty, justice, and expediency. The various cases that exist and pay attention to the phenomenon of digitalization in the era of the industrial revolution 4.0 illustrate the urgency of the need for the legal protection of personal data a state priority. Legal reform through the legitimacy of protecting personal data as a responsive and progressive legal policy is a must so that legal protection in the form of legal guarantees can be carried out properly in order to create a safe and comfortable digital ecosystem for the community.

scholarly journals Perlindungan Hukum Terhadap Keamanan Data Pribadi Konsumen Teknologi Finansial dalam Transaksi Elektronik

2021 ◽  
Vol 2 (2) ◽  
pp. 411-416
Author(s):  
A. A. Ngurah Deddy Hendra Kesuma ◽  
I Nyoman Putu Budiartha ◽  
Puru Ayu Sriasih Wesna
Keyword(s):  
Personal Data ◽  
Legal Protection ◽  
Individual Identity ◽  
Legal Action ◽  
Legal Remedies ◽  
The Future ◽  
Online Trading ◽  
Illegal Acts ◽  
Financial Technology

These days, the utilize of personal data is progressively gigantic in line with the current improvement of the digital industry, the publics submit their data to online applications such as Financial Technology and online trading as a necessity of being able to utilize these services. The formulations of the problem are 1J How is the Legal protection against the personal data of Financial Technology consumers? 2) What legal remedies can Financial Technology consumers take if the personal data is abused by the organizer? The results showed that personal data is information within the frame of identities, codes, symbols, letters, or numbers that demonstrate a person's individual identity. In the event that within the future there is a dispute and the consumer endures a misfortune, the casualty of personal data abuse can take legal action by way of deliberation and complaints to the Ministry of Communication and Information or OJK (non-litigation) and if it does 1101 resolve consumer disputes, they can record a gracious suit (litigation) 011 the premise of illegal acts IP M Hand askfor emolument

scholarly journals PENGAWASAN BANK INDONESIA ATAS KERAHASIAAN DAN KEAMANAN DATA/INFORMASI KONSUMEN FINANCIAL TECHNOLOGY PADA SEKTOR MOBILE PAYMENT

JURISDICTIE ◽  
2020 ◽  
Vol 11 (1) ◽  
pp. 16
Author(s):  
Dwi Fidhayanti
Keyword(s):  
Financial Services ◽  
Personal Data ◽  
Mobile Payment ◽  
Normative Study ◽  
Information Transparency ◽  
Services Sector ◽  
Start Up ◽  
Consumer Data ◽  
Financial Technology ◽  
Payment Gateway

<p>Widespread use of Internet and smartphones in Indonesia triggers fintech transactions. Law Number 11 Year 2008 concearning Information and Electronic Transactions Article 26 Paragraph (1) explains that unless otherwise stipulated by statutory regulations, the use of any information through electronic media concerning a personal’s data must be carried out with the concent of the person concerned. However, it is prone to crime by breaking into the security systems of fintech. This study aims to determine the regulation of consumer data confidentiality and security of financial technology in the mobile payment sector and Bank Indonesia’s supervision on that matter. This is a normative study with legislative and conceptual approaches. Regulation on the Consumer Data/Information Confidentiality and Security of Financial Technology in Mobile Payment Sector is made by authorized institutions i.e. Bank Indonesia as regulators and supervisors in payment system and OJK (Financial Services Authority) in managing fintech categorized as non-bank institutions. Bank Indonesia has issued Regulation Number 7/6/PBI/2005 concerning provisions on Information Transparency of Bank Product and the Use of Customer’s Personal Data. Meanwhile, OJK manages data security based on Article 2 Letter d of the OJK Regulation Number 1/POJK.07/2013 concerning Consumer Protection of Financial Services Sector. Bank Indonesia supervises directly through Bank Indonesia Fintech office by holding “meet the start up” to consult and share about fintech. Policy wise, Bank Indonesia issued regulation concerning payment transaction processing, APU/PPT for non-banks, Bank Indonesia Regulations on Fintech and Regulatory Sandboxes and regulations on National Payment Gateway (NPG).</p><p>Meluasnya penggunaan Internet dan smartphone di Indonesia membuat tingginya transaksi fintech. Undang-Undang Nomor 11 Tahun 2008 Tentang Informasi dan Transaksi Elektronik Pasal 26 ayat (1) menjelaskan bahwa kecuali ditentukan lain oleh Peraturan perundang-undangan, penggunaan setiap informasi melalui media elektronik yang menyangkut data pribadi seseorang harus dilakukan atas persetujuan orang yang bersangkutan. Namun, penggunaan teknologi rentan terhadap kejahatan dengan membobol sistem keamanan fintech. Penelitian ini bertujuan untuk mengetahui pengaturan atas kerahasiaan dan keamanan data konsumen pada sektor mobile payment dan pengawasan Bank Indonesia atas hal tersebut. Penelitian ini normatif dengan pendekatan perUndang-Undangan dan konseptual. Pengaturan atas Kerahasiaan dan Keamanan Data/Informasi Konsumen Financial Technology pada Sektor Mobile Payment dilakukan oleh lembaga berwenang; Bank Indonesia sebagai pengatur dan pengawas sistem pembayaran dan Otoritas Jasa Keuangan (OJK) dalam pengaturan fintech yang dikategorikan sebagai lembaga non bank. Bank Indonesia mengeluarkan aturan Nomor 7/6/PBI/2005 Tentang Ketentuan Transparasi Informasi Produk Bank dan Penggunaan Data Pribadi Nasabah. Sedangkan, OJK mengatur keamanan data konsumen pada pasal 2 Huruf d Peraturan OJK Nomor 1/POJK.07/2013 Tentang Perlindungan Konsumen Sektor Jasa Keuangan. Bank Indonesia mengawas secara langsung melalui Bank Indonesia Fintech office dengan kegiatan meet the start up untuk melakukan konsultasi dan berbagi tentang fintech. Dalam hal kebijakan, Bank Indonesia mengeluarkan Peraturan Bank Indonesia tentang pemrosesan transaksi pembayaran, Regulasi APU/PPT untuk non Bank, Peraturan Bank Indonesia tentang Teknologi Finansial dan Regulatory Sandbox dan peraturan tentang National Payment Gateway (NPG).</p>

scholarly journals PERLINDUNGAN HUKUM TERHADAP DATA PRIBADI DALAM INDUSTRI FINANCIAL TECHNOLOGY

2020 ◽  
Vol 6 (2) ◽  
pp. 298-323
Author(s):  
Elvira Fitriyani Pakpahan ◽  
Lionel Ricky Chandra ◽  
Ananta Aria Dewa
Keyword(s):  
Data Protection ◽  
Personal Data ◽  
Legal Protection ◽  
Peer To Peer ◽  
Personal Data Protection ◽  
Peer Lending ◽  
The Government ◽  
Financial Technology ◽  
Penal Sanction

It came to the author’s attention that personal data collected or appropriated in the course of FinTech industry especially those that related to FinTech Peer to Peer Lending services are prone to misuse. The author, after perusing the prevailing laws regarding FinTech industry, concludes that a well-functioning system of rules has been put in place to regulate this industry. However, what is lacking is sufficient guarantee or protection of consumer’s personal data.  Available is the option to use a weak (administrative, civil or penal) sanction against alleged misuse or misappropriation of personal data.  To enhance better legal protection, the author suggests, that the government issue a special law on personal data protection, including establishing a a special governmental supervisory body to that purpose.

scholarly journals The assignments and functions of the Financial Service Authority in disputes related to the Legal Protection for the Consumers in Indonesia

2018 ◽  
Vol 11 (3) ◽  
pp. 1646-1649
Author(s):  
Sufmi Dasco Ahmad ◽  
Pujiyono Pujiyono
Keyword(s):  
Financial Services ◽  
Research Result ◽  
Legal Protection ◽  
Secondary Data ◽  
Analytical Techniques ◽  
Financial Service ◽  
Prevention Measures ◽  
Data Types ◽  
Financial Service Authority ◽  
Library Studies

This article aims to describe and examine the problems of how the Financial Services Authority’s assignments and functions in disputes related to legal protection for consumers. This research is a normative legal research that is prescriptive. Secondary data types include primary and secondary legal materials.The primary datas is collected from many regulations about financial, financial service authority, consummen and banking. Data collection techniques used are library studies and cyber media, and the analytical techniques are deductive by syllogism methods. The research result shows that the Financial Services Authority in carrying out its duties and functions of consumers protection was carried out with three forms of action, namely, loss prevention measures, consumers complaints services, and legal defense actions. The three tasks and functions must be carried out maximally by applying the basic principles of the implementation of the OJK’s duties so that it can accommodate the protection of consumers and society.

scholarly journals LEGAL REVIEW OF CONSUMER LAW PROTECTION ON PERSONAL DATA ON DIGITAL PLATFORM

2021 ◽  
Vol 2 (1) ◽  
pp. 59-72
Author(s):  
Arfi Azhari
Keyword(s):  
Research Methods ◽  
Data Protection ◽  
Personal Data ◽  
Legal Protection ◽  
Digital Platforms ◽  
Consumer Law ◽  
Personal Data Protection ◽  
Consumer Data ◽  
The Government ◽  
The Times

Legal protection for consumers must be considered because the existence of consumers is prone to fraud. Personal consumer data protect one form of legal protection for consumers in conducting transactions with business actors, both domestic and foreign transactions. With the times at this time, consumer data that exists on business actors, both in the form of state-owned enterprises or business actors in the private form, is a lot of consumer data that these business actors trade and this consumer data is widely known. The problem studied is how the consumer’s legal protection of personal data on digital platforms. Research methods are using normative research methods, namely by explaining the issues and views of consumer legal protection of personal data on existing legal regulatory, digital platforms. The results illustrate that for now, consumer legal protection of personal data on digital platforms still refers to several laws and regulations in Indonesia. The government is also preparing a Draft Law on Personal Data Protection, which will become lex specialis. For the protection of personal consumer data in Indonesia related to personal data on digital platforms.

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