PERTANGGUNGJAWABAN HUKUM PEMERINTAH TERHADAP KEBOCORAN DATA SIPIL DI INDONESIA

Abstract

The development of information technology in the digital era increases the risk of civil data breaches in Indonesia, resulting in violations of citizens' privacy rights and causing harm to both individuals and the state. This study aims to analyze the legal accountability of the government for civil data breaches and examine the applicable legal regulations, especially Law Number 27 of 2022 concerning Personal Data Protection. This research uses normative juridical methods with a statute approach and a conceptual approach, using primary and secondary legal materials. The analysis technique used is prescriptive analysis, which provides a normative assessment of applicable laws and regulations. The results of the study show that although the PDP Law regulates the government's role in data protection, it does not explicitly regulate the form of legal accountability in the event of a data breach. This legal gap causes difficulty in demanding government accountability. Administrative accountability is the most relevant form in the context of the state–citizen relationship. The novelty of this research lies in the use of an extensive legal interpretation approach to Article 58 of the PDP Law, which does not explicitly regulate government legal responsibility. This research recommends the need for revisions or implementing regulations of the PDP Law and the establishment of a supervisory agency that is directly accountable to the President to ensure civil data protection and enforce the principles of good governance.

Keywords: Legal Accountability, Data Breach, Civil Data, Personal Data Protection Law, Good Governance