ABSTRACT

This research is entitled "Analysis of Criminal Law Policy on the Misuse of NIK Data in SIM Card Registration". The background of this research is the government policy that requires the use of Population Identification Numbers (NIK) and Family Cards (KK) for SIM card registration to prevent crime, but on the other hand the policy increases the risk of leakage and misuse of personal data belonging to the public. The purpose of this study is to analyze Indonesia's positive legal arrangements regarding NIK data protection and evaluate the current criminal law policies against its misuse in the SIM card registration process.
The research method used is normative (doctrinal) legal research that is prescriptive-analytical. The data used are secondary data consisting of primary, secondary, and tertiary legal materials, which are collected through literature studies and analyzed qualitatively juridical.
The results of the study show that positive legal arrangements regarding NIK data protection in SIM card registration in Indonesia are currently still fragmented and not comprehensive, including the Population Administration Law, ITE Law, and Personal Data Protection Law (PDP Law). There is a legal gap because there is no criminal offense that specifically regulates the misuse of NIK specifically for SIM card registration. Criminal law policy is currently considered to be not optimal, both at the formulative stage (formulation of delicacies), applicative (application by law enforcers who tend to use general articles), and administrative (supervision mechanisms).
As a conclusion and suggestion, this study encourages the need to reform the criminal law policy (ius constituendum) through the formulation of special criminal offenses for the misuse of NIK in SIM card registration, the strengthening of independent personal data protection supervisory institutions, and the integration of penal and non-penal approaches to provide more effective protection for citizens' privacy rights.
Keywords: Criminal Law Policy, Data Misuse, NIK, SIM Card Registration, Personal Data Protection.