Mechanism Law Enforcement on Fintech Personal Data Abuse Post -Law Number 27 of 2022 Concerning Personal Data Protection

DOI

10.2991/978-2-38476-529-4_11How to use a DOI?

Keywords

Personal Data Protection; Fintech; Civil Lawsuits

Abstract

This study examines the mechanisms of civil litigation concerning the misuse of personal data within the financial technology (fintech) sector following the enactment of Law Number 27 of 2022 on Personal Data Protection (PDP Law). Prior to the implementation of this regulation, existing rules addressing personal data misuse were general and complex, unlike the PDP Law, which specifically and explicitly addresses personal data misuse, particularly in the FinTech sector. The urgency of this research is underscored by the prevalence of consumer data misuse cases in fintech and the necessity for legal certainty, which was previously confined to legal instruments such as the Civil Code and Law Number 27 of 2022 on Personal Data Protection (PDP Law). This study analyzes the applicable legal framework and proposes alternative legal remedies for victims of personal data misuse in fintech services following the PDP Law transition period. The methodology employed is a normative-juridical approach supported by qualitative data collection techniques through reviews of legal documents, literature, and regulatory reports. The research method utilized is normative legal research, employing legislative and conceptual approaches, and analyzed through legislative reviews and empirical case studies. The findings of this study indicate that the Personal Data Protection Law (PDP Law) provides stronger legitimacy for civil lawsuits, offers consumers a clear legal basis for seeking compensation, and enhances legal certainty in resolving personal data disputes in the fintech sector.

Copyright

© 2025 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - Uly Alfinda Salsabila
AU  - Dona Budi Kharisma
PY  - 2025
DA  - 2025/12/28
TI  - Mechanism Law Enforcement on Fintech Personal Data Abuse Post -Law Number 27 of 2022 Concerning Personal Data Protection
BT  - Proceedings of the International Conference on Democracy and National Resilience 2025 (ICDNR 2025)
PB  - Atlantis Press
SP  - 121
EP  - 132
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-529-4_11
DO  - 10.2991/978-2-38476-529-4_11
ID  - Salsabila2025
ER  -