TINJAUAN YURIDIS TINDAK PIDANA PENYALAHGUNAAN DATA PRIBADI PADA KASUS KREDIT FIKTIF (Studi di Polresta Kendari)

Abstract

Misuse of personal data in fictitious credit cases is a form of cybercrime that is increasing in Indonesia, including in the Kendari area, Southeast Sulawesi. This phenomenon exploits weaknesses in personal data protection and loopholes in the verification system on online lending platforms, both legal and illegal. This study aims to examine the misuse of personal data in fictitious credit cases based on applicable laws and to analyze the implementation of law enforcement against these crimes. This study uses a normative legal method with an approach to relevant laws and regulations, such as Law No. 27 of 2022 concerning Personal Data Protection (PDP Law) and Law No. 11 of 2008 concerning Information and Electronic Transactions (ITE Law). Data were obtained through literature studies and interviews with officials at the Kendari Police. The results of the study show that the mode of misuse of personal data includes identity theft, document forgery, and the use of fake applications. These cases are regulated in the PDP Law which carries a prison sentence of up to 6 years and a fine of up to IDR 6 billion. Law enforcement has been carried out through cooperation between the police, OJK, and Kominfo, including tracking digital footprints and blocking illegal online lending platforms. However, challenges such as limited forensic technology, lack of public awareness, and illegal fintech operations abroad still hamper the effectiveness of law enforcement. This study suggests increasing public education, strengthening forensic technology in law enforcement agencies, and more intensive collaboration between agencies to close legal loopholes exploited by perpetrators. With these steps, it is hoped that misuse of personal data can be minimized and legal protection for the community can be increased.