Application of Criminal Provisions under the Personal Data Protection Law to Officials of the Population and Civil Registration Agency of Wajo Regency

Abstract

This study aims to analyze the application of criminal provisions under Law Number 27 of 2022 concerning Personal Data Protection (PDP Law) to officials at the Department of Population and Civil Registration (Disdukcapil) of Wajo Regency, and to identify factors that hinder their implementation. The study employs a qualitative method with a juridical-empirical approach. Primary data were collected through in-depth interviews with three Disdukcapil Wajo Regency employees and one service user, as well as through observation and document analysis. Secondary data were gathered from relevant legislation, books, and scholarly articles. Data analysis was conducted qualitatively, utilizing Soerjono Soekanto’s theory of law enforcement. The findings indicate that the management of population data already incorporates mechanisms such as individual user accounts and job-based access restrictions. However, the effectiveness of access control, internal oversight, and user activity logging still requires evaluation and strengthening. The criminal provisions in the PDP Law—specifically Articles 67 and 68—provide a legal basis for addressing actions that meet the elements of a criminal offense involving personal data. Nevertheless, deficiencies in administrative procedures or oversight do not automatically constitute evidence of a criminal offense. Factors influencing the application of these criminal provisions include the substance of the law, the capacity of law enforcement officials, available facilities and infrastructure, public legal awareness, legal culture, and institutional coordination. The study concludes that effective personal data protection requires strengthened data governance, refined standard operating procedures, enhanced staff competence, and more effective coordination in law enforcement.