JAKARTA,LITERASIHUKUM.COM - For decades, Indonesian law in the field of transactions and consumer protection was known for the principle of "caveat emptor" latin which means "let the buyer beware". This principle was born from the assumption that the buyer has a weaker position but still has to actively protect himself. However, in a digital age enveloped by a heavy flow of personal data, this paradigm is considered obsolete and even dangerous.
The presence ofLaw Number 27 of 2022 on Personal Data Protection (UU PDP)brings a breath of fresh air as well as a silent but powerful legal revolution. This law explicitly or implicitly shifts the center of gravity of responsibility from consumers (personal data subjects) to service providers or corporations (personal data controllers). This shift is nothing but a change fromcaveat emptorgo tocaveat venditormeans "let the seller take responsibility".
What is the fundamental meaning of this change for the community, business actors, and law enforcement officials in Indonesia? This article will thoroughly explore the paradigm shift, complete with legal foundations, case studies, and implementation challenges.
Understanding Two Contrasting Paradigms
Caveat Emptor: The Legacy of Roman Law that is Being Abandoned
Caveat emptorhas its roots in ancient Roman law which emphasizes freedom of contract (pacta sunt servandathis principle…
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