PERLINDUNGAN HUKUM TERHADAP KERAHASIAAN DATA PRIBADI NASABAH DALAM PENYELENGGARAAN SISTEM ELEKTRONIK DI SEKTOR JASA KEUANGAN

Abstract

In its efforts to protect personal data, the government has established various legal instruments governing personal data protection, the operation of electronic systems, and the governance of the financial services sector, as embodied in Law Number 27 of 2022 concerning Personal Data Protection. Furthermore, as Electronic System Providers, business entities in the financial services sector are obligated to comply with requirements regarding the reliability, security, and protection of electronic systems, as stipulated in Government Regulation Number 71 of 2019 concerning the Operation of Electronic Systems and Transactions. Nevertheless, the existing regulations require further analysis to determine whether they provide adequate legal protection for the personal data of customers held by Electronic System Providers in the financial services sector. The research addresses the following issues: the legal framework governing customer personal data protection within electronic systems in Indonesia's financial services sector, and the legal protection of the confidentiality of customer personal data disclosed to third parties during the operation of such electronic systems. The study employs the theories of legal protection and privacy. The research method used is a normative juridical legal approach which is strengthened by interviews. This research uses a statutory research approach, a case approach, an analytical approach and a conceptual approach, which in principle comes from primary legal materials consisting of laws and case studies, secondary legal materials consisting of books, research results, articles and tertiary legal materials from libraries, articles and websites. Legal material analysis techniques use grammatical interpretation techniques. The research findings indicate that the legal regulations governing the protection of customer personal data within electronic systems in Indonesia's financial services sector have essentially established a framework that limits the collection, storage, use, and transfer of personal data to third parties; furthermore, legal protection for the confidentiality of customer data transferred to third parties is provided through both preventive and repressive instruments. The study recommends strengthening the regulation and supervision of the transfer and processing of customer personal data by third parties—involving the Financial Services Authority and financial service institutions—and enhancing repressive protection for customers through more effective mechanisms for complaints, dispute resolution, and loss recovery.