Analisis Yuridis Perlindungan Data Pribadi Sebagai Hak Privasi dalam Transaksi E-Commerce di Indonesia

Abstract

Digital transformation has fundamentally reshaped business transactions, particularly through e-commerce platforms. While this transformation offers significant opportunities for efficiency and market expansion, it simultaneously presents serious challenges concerning the protection of consumers’ personal data. Personal data processed in electronic transactions—such as identity, address, and financial information—are often misused due to weak regulations, low compliance among electronic system providers, and limited public awareness. This study aims to analyze the protection of personal data as a privacy right within e-commerce transactions in Indonesia, with a focus on the relevance of Law No. 27 of 2022 on Personal Data Protection, Law No. 11 of 2008 on Electronic Information and Transactions (as amended), and other sectoral regulations. This research adopts normative legal methods with statutory, conceptual, and comparative approaches. Data were collected through literature reviews of statutes, legal doctrines, and both national and international regulations. The findings reveal that although Indonesia has established legal instruments explicitly regulating privacy rights and personal data protection, their implementation faces multiple challenges, ranging from weak law enforcement and overlapping regulations to the limited capacity of supervisory institutions. Personal data protection is not yet fully recognized as an inherent fundamental human right, leaving consumers vulnerable to data misuse.

The study concludes that personal data protection in e-commerce must be regarded as an inseparable part of constitutional privacy rights. Therefore, regulatory harmonization, improved digital literacy, and the strengthening of an independent supervisory authority are urgently needed to ensure that the principles of accountability, transparency, and security are effectively implemented in e-commerce practices. In doing so, personal data protection can serve as a foundational pillar for creating a safe, fair, and sustainable electronic transaction ecosystem in Indonesia.