CD Skripsi
Tinjauan Yuridis Terhadap Perusahaan Layanan Pinjam Meminjam Uang Berbasis Teknologi Yang Menyebarkan Data Pribadi Debitur Berdasarkan Pasal 32 Undang-Undang Nomor 19 Tahun 2016 Tentang Informasi Dan Transaksi Elektronik Di Kepolisian Daerah Provinsi Riau
ABSTRACT
Sanctions for breaches personal data which is contained in Article 48
section 2 said that (1) anyone qualified as intended in Article 32 section 1 with a
prison sentence at most 8 years or pay a maximum fine of 2 billion Rupiah. (2)
Anyone qualified as intended in Article 32 section 2 with a prison sentence at
most 9 years or pay a maximum fine of 3 billion Rupiah. (3) Anyone qualified as
intended in Article 32 section 3 with a prison sentence at most 10 years or pay a
maximum fine of 5 billion Rupiah. The leaking of customer personal data is very
detrimental action and caused losses by leaking of confidential personal data of
customer. The application of criminal sanctions for perpetrators of the leaked
data and defamation of customers must actually be reactive to an act so that the
focus of criminal sanctions on someone’s mistakes through the imposition of
suffering (that the person becomes a deterrent). Based on its purpose, criminal
sanctions aim to provide special suffering to the perpetrator so that they accept
the consequences. Beside, criminal sanctions are also a form of condemnation of
the perpetrator’s actions.
This research used a typology of sociological legal research or nondoctrinal
legal research, which deals more specifically with legal effectiveness. In
this research, the writer used descriptive research because the writer describe
how The Law Enforcement Against Technology Based Lending and Borrowing
Services Companies that Spreading the Personal Data of Debtors who violate in
Article 32 section 19 of 2016 regarding information and electronic transaction at
Polda Riau.
From this research, the law enforcement is carried out by Special Criminal
Investigation Police of Riau is not maximal because as intended in Article 32
section 19 of 2016 regarding information and electronic transaction is not clear
and convincing how the law enforcement will be on technology based on money
lending services companies. Because of many obstacles such as false information
from the companies, and it is hard to track the perpetrator. The writer offers the
following recommendation; the application of law enforcement about money loan
can be more assertive. And for the police should accept the report from the victim
that potentially breaking the law from the application of terms aside from there
are still debts. So the society could feel protected by law officers. And similar
incidents cannot happen again.
Keywords: Fintech – Personal Data – Electronic Transactions
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