Legal Certainty: Is There Really Such a Thing as Indonesian Banking Personal Data Regulation?

Kartika Sasi Wahyuningrum 1, Hafrida 2, & Elly Sudarti 3

https://doi.org/10.62271/pjc.16.4.1337.1354

Abstract

The objective of this research is to examine the regulation of criminal liability for banking personal data in Indonesia, which currently lacks a coherent framework.  The aim of this paper is to examine the regulation of personal data control in Indonesia in general and the specific regulation of banking-related personal data in accordance with the principles of Indonesian criminal law. The findings of this study can be summarised as follows. Firstly, the concept of liability and protection of personal data in general regulates acts, liability and criminal sanctions that are addressed to the legal subject ‘person’ and not legal entities. Secondly, the author provides the concept of liability and protection of criminal law regarding banking personal data in Indonesia, which regulates the legal subject ‘legal entity’ and can be given types of criminal acts, criminal liability and criminal sanctions using a double track system.

Keywords: Legal Certainty, Personal Data, Banking.