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JOSS :

Journal of Social Science

LEGAL PROTECTION FOR PERSONAL DATA IN THE WORLD OF WORK IN

THE ERA OF DIGITALIZATION OF TECHNOLOGY AND INFORMATION

Ambar Rani Priyanjani

, Farah Fadillah

, Alfazrryan Ghalib

, Endang Sutrisno

, Deni

Yusup Permana

Universitas Swadaya Gunung Jati, Cirebon, Indonesia

E-mail: [email protected]

KEYWORDS

legal certainty; labor;

misuse of personal

data

ABSTRACT

Legal certainty is one of the objectives of law according to Gustav

Radburch, with the development of the times, and the rise of digitalization,

it is necessary to have a legal umbrella as a form of preventive effort so that

there are no legal problems such as misuse of personal data in the labor

scope. This legal research method uses normative juridical legal methods

using qualitative data based on consideration of the purpose of this research

itself to determine the importance of legal certainty and protection of

personal data in the context of labor in the era of technology, and

information that has developed rapidly. The clarity of legal norms guides

community behavior, including the protection of personal data. The impact

of technological advances is especially evident in changes in community

behavior and information seeking through the internet. This change creates

new challenges, especially related to the misuse of personal data in the

world of work. Legal protection for personal data in the world of work in

the era of digitalization of technology and information is very important. It

has positive implications for companies, employees, and society as a

whole. By implementing good personal data protection, all parties can

benefit from the opportunities offered by digital technology while

maintaining the privacy and security of personal data.

INTRODUCTION

According to Fence M. Wantu, law without the value of legal certainty will lose its

meaning because it can no longer be used as a behavioral guide for everyone (Wantu, 2007).

Legal certainty is defined as the clarity of norms so that they can be used as guidelines for

the people who are subject to these regulations (Wijayanta, 2014). Meanwhile, according to

Van Apeldoorn, legal certainty can also mean things that can be determined by law in

concrete matters (Verboom & Van Apeldoorn, 1990). As in technology, information, and

communication, there needs to be legal certainty in the misuse of personal data for labor.

Personal data protection itself is a dynamic aspect that will continue to face and be

influenced by technological advances and innovations as well as business practices. One of

the factors in the emergence of crime and the unlawful use of personal data is due to the

development of technology, information, and communication. At present, technology,

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Information, and communication have penetrated almost all aspects of life and changed the

behavior of people's lives toward electronic and internet-based community interactions

(Nababan & Lasmadi, 2023).

Advances in information technology today have also had a major impact on social

changes in the world, including changes in information-seeking behavior. This is supported

by the internet as a sophisticated information search media (Yusup, 2010). Data accessed

through the internet media is very valuable and carries risks. Educational and economic

factors limit people from thinking long about the risks that will occur in the future when any

data is accessed through the internet media (Saputri, n.d.).

In the general explanation of law number 1 of 2024, the second amendment to law

number 11 of 2008 concerning information and electronic transactions in the life of society,

nation, and state, the rights and freedoms in using and utilizing information technology are

implemented by considering the restrictions stipulated by law.

The development of technology, information, and communication makes everyone

able to access it, including job vacancies, and various job vacancies that companies offer to

job seekers, one of which is through social media with criteria and requirements that must be

met. These requirements usually attach several documents containing personal documents

that are very private.

Data protection for labor is very important according to the 1945 Constitution,

especially Article 27 Paragraph (2) concerning citizens' rights to workers and livelihoods that

are worthy of humanity. But nowadays there are many people who misuse data, especially

personal data in the world of work for their own personal interests.

According to the results of research by (Thalib & Maswari, 2021), it shows that there

are still many cases of misuse and theft of company personal data by company employees

which can be resolved by litigation and non-litigation mechanisms. It is better to anticipate

in advance by implementing ways to secure company personal data.

Talking about the law, we endlessly observe and study something that is like all the

rules about order and on the other hand will also be followed by irregularities, through

subjective assessments in describing the goals and ideals of the law, namely justice and

certainty, in the end the law is identified with art. Departing from such thinking, it is no

wonder that ordinary people sometimes occur in pessimistic patterns when looking at the law

(Sutrisno, 2018).

The focus of the study becomes the problem is how the form of legal protection for

personal data in the world of work in the era of digitalization, technology, and information.

This is very reasonable considering the current legal provisions must be considered,

especially the labor parties and other parties within the scope of the world of work.

METHOD RESEARCH

This research uses normative juridical legal research methods using qualitative data

based on the consideration of the purpose of this research to examine legal norms and

products in the form of laws and regulations related to legal protection for personal data in

the world of work in the era of digitalization of technology and information, especially Law

Number 13 of 2003 concerning Manpower, Law Number 1 of 2024 concerning Electronic

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Information and Transactions, Law Number 27 of 2022 concerning Personal Data Protection,

and Regulation of the Minister of Communication and Information Technology Number 20

of 2016 concerning Personal Data Protection in Electronic Systems.

RESULTS AND DISCUSSION

Based on Law No. 13 of 2003 Article 1 paragraph 2 Labor is every person who is able to

do work in order to produce goods and/or services to meet their own needs and for the

community. According to Simanjuntak's opinion, labor is a group of people of working age,

who are able to work or carry out economic activities in producing goods and services to meet

the needs of society (Simanjuntak, 1985). According to Tambun (Tambunan, 2002),

employment opportunities include jobs that have been occupied (employment) and are still

vacant. The number of graduates starting from Junior High School (SMP), Senior High School

(SMA), Vocational High School (SMK), or College is not comparable to the available job

vacancies.

Based on data from the Ministry of Education and Culture, graduates from junior high

schools are 5,300,042, high schools are 5,040,123, vocational schools are 158,638 (Dapo

Kemdikbud. 2023) and according to the Indonesian Minister of Manpower (Menaker), Ida

Fauziyah, said that around 12 percent of unemployment in Indonesia is currently dominated by

undergraduate and diploma graduates, the large number of unemployed college graduates is

due to the absence of links and matches between universities and the job market (Gusti

Grehenson. 2024). From these data, we know that there are not that many job vacancies, they

compete with each other for available jobs, but on the one hand, there are some people in order

to fulfill their daily needs, are willing to do anything to work without paying attention to the

data that job applicants submit to the company. These data, such as Identity Cards (KTP),

diplomas, Police Record Certificates (SKCK), and so on are included in personal data.

Sometimes companies deliberately misuse these data for personal gain without thinking

about the privacy rights of their employees, various job vacancies are offered, especially on

social media Facebook, Instagram, linked, and others as to find job vacancies in the hope of

meeting daily needs.

In addition to the workforce must pay attention to the data above, the workforce must

also pay attention to matters relating to the employment agreement, because if something

undesirable happens, it can be reviewed from the agreement that the two parties have made

regarding the employment agreement.

An agreement is an agreement that occurs when parties promise each other to carry out

certain actions. The term agreement is often also termed contract (contracts) and overeenkomst

(in Dutch). Contract and agreement are the same terms because the point is that there is an

event of the parties agreeing on the matters agreed upon and are obliged to obey and implement

them so that the agreement gives rise to legal relations (Saliman, 2005).

Article 1 paragraph 14 of Law No.13 of 2003 defines a work agreement as an agreement

between workers and employers/employers that contains working conditions, rights, and

obligations of the parties. In this case, the law also provides protection to workers in realizing

welfare and improving the welfare of workers and families. Sectors of life governed by the rule

of law must be able to reach the point of order and a sense of justice including economic

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management, human resources, and natural resources in order to achieve happiness together

(Sutrisno-Sudarminto, 2017). This worker protection is especially regarding the protection of

labor personal data. In accordance with Article 1 paragraph 8 of Law No.13 of 2003 Labor

information is a combination, series, and analysis of data in the form of numbers that have been

processed, manuscripts, and documents that have certain meaning, value, and meaning

regarding employment.

Documents that have value and meaning can be interpreted as both electronic documents

and manual documents, we know that applicants submit data with manual documents such as

job application letters, diplomas, and identity cards (KTP) which will then be inputted into data

on workers by companies using electronic systems. According to the Regulation of the Minister

of Communication and Information Technology number 20 of 2016 concerning the protection

of personal data in electronic systems article 1 paragraph 7, Electronic System Users,

hereinafter referred to as Users, are individuals, state administrators, business entities, and the

public who utilize goods, services, facilities, or information provided by electronic system

operators. Article 2 further explains the protection of personal data in electronic systems

includes protection against the acquisition, collection, processing, analysis, storage, display,

announcement, transmission, dissemination, and destruction of personal data.

In relation to Article 2 of the Regulation of the Minister of Communication and

Information Technology No. 20/2016 on the protection of personal data in electronic systems,

the company obtains its employee data from the collection of job application letters which are

then stored to serve as company archives in case of unforeseen events.

The relationship between personal data protection and labor is very important. In terms

of personal data protection, two methods are known to protect personal data, namely security

of the physical personal data itself and through regulations that aim to provide privacy

guarantees for the use of personal data (Yuniarti, 2019).

We know that the hallmark of law is legal certainty (rechtzekerheid) according to the

legal positivism school. The identification of the law with the law ensures that humans can

clearly know what is law and what is not. Legal certainty is only guaranteed if every form of

violation of positive legal rules is dealt with with certainty and is not prosecuted as long as the

action does not violate the provisions that have been deposited (Ibnu Artadi. 2012: 70).

In this case also when feeling aggrieved can report back on the misuse of data with

sanctions contained in article 67 of Law Number 27 of 2022 concerning Personal Data

Protection paragraph 1 "Every person who intentionally and unlawfully obtains or collects

Personal Data that does not belong to him with the intention of benefiting himself or others

which may result in the loss of Personal Data Subjects as referred to in Article 65 paragraph

(1) shall be punished with a maximum imprisonment of 5 (five) years and/or a maximum

imprisonment of 5 (five) years and/or a maximum fine of Rp5,000,000,000.00 (five billion

rupiah)".

Provisions regarding the protection of privacy and personal data are also part of Article

28 G of the 1945 Constitution of the Republic of Indonesia which regulates the right to

protection of self, family, honor, dignity, and property under his control. To be able to see these

provisions as provisions regarding privacy and personal data, the opinion of Warren and

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Brandeis in their work entitled "The Right to Privacy" states that privacy is the right to enjoy

life and the right to be respected for feelings and thoughts (Samuel, 1890).

The Right to Privacy offers the necessary assurance to be frank about one's own feelings

without having to fear that one might offend someone. Without such protection of

communication, it is impossible for free thoughts to emerge without the fear of being

prosecuted for utterances or texts that might later be judged to be defamatory (Schermer, 2007).

Therefore, every individual must have ethics that become basic manners. If we want to be

respected, then respect others which is part of ethics. Ethics in this case is part of philosophy

that teaches the whole of ethics (good and bad) (Wajdi & Lubis, 2021). The right to protection

of personal data also develops from the right to respect for private life. The concept of private

life relates to humans as living beings (European Union Agency for Fundamental Rights and

Council of Europe) (fondamentaux et al., 2014).

Every company must have its own Standard Operating Procedures (SOP), and the

company must also be transparent about the process of processing personal data regarding

privacy notice (Kemp, 2019). Article 15 paragraph (2) of Government Regulation Number 82

of 2012 concerning the Implementation of Electronic Systems and Transactions, if there is a

data leak, the data manager must report in detail about the leaked data, the amount of data

affected, and the steps taken to overcome it because personal data breaches are one of the first

problems that arise due to massive data processing on centralized and decentralized analytics

servers in real-time (Silva & MA, 2017)

In addition to the leakage of personal data in the scope of labor, it turns out that there are

also many violations of personal data in other areas such as in the scope of health, where patient

data is traded or disclosed for insurance purposes (Rosadi, 2016).

CONCLUSION

The rapid development of technology has changed social behavior and human

interaction, including in the job search process, and increased the risk of personal data abuse.

Personal data of the workforce is often used in the recruitment process and is vulnerable to

misuse that can harm the parties involved.

The results show an imbalance between the number of education graduates and available

job vacancies, which increases the risk of personal data misuse in the world of work. The

protection of personal data of the workforce in Indonesia is governed by regulations such as

Law No. 13 of 2003 and Minister of Communication and Information Technology Regulation

No. 20 of 2016, which covers the collection, processing, storage, and destruction of personal

data. In addition, Article 28 G of the 1945 Constitution of the Republic of Indonesia guarantees

the right to personal protection and privacy.

This research also emphasizes the importance of ethics in the use of personal data and

the role of company operational standards in ensuring data transparency and security.

Regulations on reporting and handling data leaks are an important part of maintaining personal

data security.

Overall, this research underscores the need for legal certainty and effective personal data

protection in the midst of rapid technological development to ensure the security and privacy

of the workforce's personal data and prevent data misuse in the job search and offer process.

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REFERENCES

fondamentaux, U. européenne. A. des droits, de l’Europe, C., & l’homme, C. européenne des

droits de. (2014). Handbook on European data protection law. Publications office of the

European Union.

Ibnu Artadi, Makna Keasilan Dalam Proses Penegakan Hukum, Jurnal Ilmu Hukum

Hermeneutika, Vol. 1 No.1 Desember 2012, Cirebon : Program Magister Ilmu Hukum

Universitas Swadaya Gunung Jati, hlm. 70

Kemp, R. (2019). Legal aspects of managing data. Kemp IT Law.

Machsun Rifauddin dan Arfin Nurma Halida. 2018. Waspada Cybercrime dan Informasi Hoax

pada Media Sosial Facebook Vol.6 No.2

Nababan, D., & Lasmadi, S. (2023). Pertanggungjawaban Pidana Terhadap Penyalahgunaan

Data Pribadi Pada Tindak Pidana Dunia Maya. PAMPAS: Journal Of Criminal Law, 4(2),

232–251.

Rosadi, S. D. (2016). Implikasi Penerapan Program E-Health Dihubungkan Dengan

Perlindungan Data Pribadi. Arena Hukum, 9(3), 403–420.

Saliman, A. R. (2005). Hermansyah, dan Ahmad Jalis. Hukum Bisnis Untuk Perusahaan: Teori

Dan Contoh Kasus.

Samuel, D. (1890). Warren & Louis D. Brandeis, The Right to Privacy. Harvard Law Review,

4(5), 193.

Saputri, E. H. (n.d.). PERLINDUNGAN HUKUM TERHADAP DATA PRIBADI

PENUMPANG PESAWAT UDARA (Studi Kasus Terungkapnya Data Penumpang

Malindo Air). Jurnal Privat Law, 11(1), 81–90.

Schermer, B. W. (2007). Software agents, surveillance, and the right to privacy: a legislative

framework for agent-enabled surveillance. Leiden University Press.

Silva, S. R. D. K. E., & MA, L. L. M. (2017). Personal and Non-Personal Data in the Context

of Big Data.

Simanjuntak, P. J. (1985). Pengantar ekonomi sumber daya manusia. Lembaga Penerbit

Fakultas Ekonomi Universitas Indo.

Sutrisno-Sudarminto, E. (2017). Legal Culture of Fisherman Communities in Indonesia

(Studies in Cirebon Coastal Fishing Communities in the Northern Coast of West Java,

Indonesia). International Journal of Current Advanced Research, 6(2), 2249.

Sutrisno, E. (2018). Mengukuhkan Paradigma Hukum di Era Orde Reformasi. “ SYARIAH”

JURNAL ILMIAH FAKULTAS HUKUM UNIVERSITAS SWADAYA GUNUNG JATI,

1(1).

Sinta Dewi Rosadi dan Garry Gumelar Pratama. 2018. Perlindungan Privasi dan Data Pribadi

dalam Era Ekonomi Digital di Indonesia. Veritas Et Justitia. Vol.4. No. 1. Hlm. 88.

Bandung: FH Universitas Parahyangan.

Tambunan, H. (2002). Tenaga Kerja. Yogyakarta: Bpfe.

Thalib, E. F., & Maswari, K. L. (2021). Perlindungan Hukum terhadap Data Pribadi Perusahaan

Akibat Penyalahgunaan Data Digital Oleh Karyawan Perusahaan. Prosiding Seminar

Nasional Fakultas Hukum Universitas Mahasaraswati Denpasar 2020, 1(1), 55–66.

Verboom, B., & Van Apeldoorn, R. (1990). Effects of habitat fragmentation on the red squirrel,

Sciurus vulgaris L. Landscape Ecology, 4(2), 171–176.

Legal Protection For Personal Data In The World Of Work In

The Era Of Digitalization Of Technology And Information

Vol 3, No 6 June 2024

http://joss.al-makkipublisher.com/index.php/js

1411

Wajdi, F., & Lubis, S. K. (2021). Hukum Ekonomi Islam: Edisi Revisi. Sinar Grafika (Bumi

Aksara).

Wantu, F. M. (2007). Antinomi dalam penegakan hukum oleh hakim. Mimbar Hukum-Fakultas

Hukum Universitas Gadjah Mada, 19(3).

Wijayanta, T. (2014). Asas kepastian hukum, keadilan dan kemanfaatan dalam kaitannya

dengan putusan kepailitan pengadilan niaga. Jurnal Dinamika Hukum, 14(2), 216–226.

Yuniarti, S. (2019). Perlindungan hukum data pribadi di Indonesia. Business Economic,

Communication, and Social Sciences Journal (BECOSS), 1(1), 147–154.

Yusup, P. M. (2010). Teori & praktik penelusuran informasi: Information retrieval.

Dapo Kemdikbud. Diakses 21 Januari 2024 https://dapo.kemdikbud.go.id/pd

Gusti Grehenson. Diakses 21 Januari 2024. “Menaker : 12 Persen Pengangguran di Indonesia

Didominasi Lulusan Sarjana dan diploma. https://ugm.ac.id/id/berita/23493-menaker-

12-persen-pengangguran-di-indonesia-didominasi-lulusan-sarjana-dan-diploma/

Ambar Rani Priyanjani

, Farah Fadillah

, Alfazrryan Ghalib

, Endang Sutrisno

Deni Yusup Permana

(2024)

First publication right:

JoSS - Journal of Social Science

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