Perlindungan Hukum Terhadap Korban Tindak Pidana Penyalahgunaan Data Pribadi dalam Registrasi Kartu Sim (Studi Putusan Nomor 78/Pid.Sus/2024/Pn Tng)

Abstract

The rapid development of information technology has led to a massive increase in the use of personal data, including in simple processes like SIM card registration. However, weak security systems and a lack of public awareness of the importance of personal data protection have given rise to various crimes, including the misuse of personal data. Unlawful acts inevitably result in victims whose rights have been violated. Cases of personal data misuse are frequent and problematic for many sectors of life. The law, as a vital player in ensuring justice, serves as the primary solution to address these issues. Reviewing legal incidents, this study aims to analyze the forms of legal protection for victims of personal data misuse and examine their implementation, using Decision Number 78/Pid.Sus/2024/Pn Tng as relevant research material. The research method used is a normative juridical approach, with a statutory approach and case studies. This method was chosen to examine existing laws and legal norms related to legal protection for victims of criminal acts of personal data misuse in SIM card registration. This approach is used to analyze applicable legal regulations and how they should be applied in resolving legal issues. The legal provisions regarding the crime of personal data misuse in Indonesia are outlined in several legal provisions before being more comprehensively and specifically regulated with the issuance of Law No. 27 of 2022 concerning Personal Data Protection. Legal protection for victims of criminal acts of personal data misuse can be found in Law No. 27 of 2022, the latest regulation containing comprehensive provisions on Personal Data Protection, including in SIM card registration cases. The judge, in his considerations in the reviewed decision, imposed a sentence that was in accordance with applicable provisions, although it did not fully fulfill the victim's rights due to the victim's passive position and the initiation of prosecution, which is a common offense in the crime.