Rahmat Shodiq, Yolanda Indah Maharani, Kelvin Daniel Christian, Sri Rahwati

Konstruksi Hukum Perdata terhadap Perlindungan Data Pribadi dalam Transaksi Komersial Analisis Perspektif Hak Keperdataan Digital

Introduction

Konstruksi hukum perdata terhadap perlindungan data pribadi dalam transaksi komersial analisis perspektif hak keperdataan digital. Konstruksi hukum perdata untuk perlindungan data pribadi dalam transaksi komersial di Indonesia. Mengusulkan kerangka hukum yang mengakui data sebagai hak milik digital untuk kepastian dan keadilan.

Abstract

The rapid growth of digital transactions in Indonesia has not been accompanied by a sufficient legal framework to protect personal data as an economic asset. This study aims to construct a private law framework that recognizes personal data as an object of proprietary rights within commercial transactions. Employing a normative juridical method with conceptual and comparative approaches, the research analyzes national regulations, particularly Law No. 27 of 2022 on Personal Data Protection. It contrasts them with international standards such as the General Data Protection Regulation (GDPR). The findings reveal that Indonesia’s regulatory focus remains predominantly administrative, lacking recognition of personal data as an independent property right. Through a systematic conceptualization of personal data as a digital object possessing economic value, this study proposes a new model for personal data protection grounded in property law principles. The proposed framework offers more substantial legal certainty for individuals. It addresses the power imbalance between data subjects and digital business actors, contributing significantly to the development of more equitable and adaptive regulations in the digital economy.

Review

This paper addresses a highly pertinent and critical issue: the construction of a robust legal framework for personal data protection within Indonesia's burgeoning digital economy. It accurately identifies a significant lacuna in the existing regulatory landscape, where the rapid growth of digital transactions has outpaced the development of legal mechanisms that adequately recognize and protect personal data as an economic asset. The study's central objective, to propose a private law framework that elevates personal data to an object of proprietary rights in commercial transactions, is both timely and essential for enhancing individual legal certainty and addressing systemic power imbalances. Employing a normative juridical method with a dual conceptual and comparative approach, the research effectively analyzes national regulations, notably Law No. 27 of 2022, against international benchmarks such as the GDPR. This methodological rigor allows for a precise diagnosis: Indonesia's current regulatory focus remains predominantly administrative, critically lacking the conceptualization of personal data as an independent property right. The systematic conceptualization of personal data as a digital object possessing inherent economic value forms the cornerstone of the study's innovative contribution, laying the groundwork for a more substantive model of protection. The proposed framework, grounded in property law principles, offers a significant theoretical and practical contribution to the field of digital civil rights. By advocating for a shift from an administrative to a proprietary rights approach, the study promises to provide more substantial legal certainty for individuals and effectively mitigate the power disparities between data subjects and digital business actors. This re-framing is crucial for developing regulations that are not only more equitable and adaptive to the complexities of the digital economy but also forward-looking. Overall, this research presents a compelling argument for a fundamental paradigm shift in how personal data is legally conceptualized and safeguarded.

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