PERLINDUNGAN HUKUM TERHADAP DATA PRIBADI KONSUMEN E-COMMERCE (Kajian Terhadap Kebijakan Privasi Shopee, Tokopedia, dan Lazada)

Abstract

Consumer Personal Data Protection in Indonesia is very important considering that there have been cases of failure to protect User Data (including consumers) on the Tokopedia site. However, this case is still in dispute at the Central Jakarta District Court. This case should be an impetus to immediately pass the Personal Data Protection Bill. The first problem formulation of this research is the rationale for the need for personal data protection and the second problem formulation is the protection of consumer personal data in the privacy policies of Shopee, Tokopedia, and Lazada. This research is a normative legal research using a conceptual approach. The results of the study state that the rationale for the need for personal data protection is that philosophically Personal Data Protection is a manifestation of the recognition and protection of human rights in which the Personal Data Protection Bill uses the Pancasila foundation to be strong and accountable. Sociologically, the formulation of personal data protection regulations is due to protect the individual rights of the community because currently there are many cases of personal data leakage. Juridically, the protection of personal data has indeed been regulated in Article 28 G paragraph 1 of the 1945 Constitution of the Republic of Indonesia because the protection of personal data is a manifestation of the constitution, the Privacy Policies of Shopee, Tokopedia, and Lazada have regulated the protection of consumers' personal data. These three e-commerce sites do not guarantee that users are protected absolutely or one hundred percent. The privacy policy states that there may be third parties collecting personal data using certain information technologies when service users (including consumers) make electronic transactions on e-commerce sites.