EKSISTENSI FUNGSI PEMULIHAN TERHADAP PELANGGARAN PRIVASI DALAM UNDANG- UNDANG INFORMASI DAN TRANSAKSI ELEKTROK ( UU ITE )

In recent years, Indonesia has experienced a significant increase in personal data breaches, driven by cyberattacks, misuse by irresponsible parties, and the overall weakness of the national digital security system. Despite the presence of regulatory frameworks such as the Electronic Information and Transactions Law (UU ITE) and the Personal Data Protection Law (UU PDP), recovery mechanisms for victims of privacy violations remain ineffective. This study adopts a normative juridical approach, focusing on the analysis of legal norms and existing regulations related to personal data protection in Indonesia. The findings reveal that while the legal framework is relatively comprehensive, its implementation and enforcement face several challenges, including limited capacity of supervisory institutions, low levels of digital literacy among the public, and the novelty of the regulations, which require adaptation and wider socialization. Public awareness regarding the importance of personal data protection and the right to privacy is still lacking, leading to negligent digital behavior. Law enforcement on data breaches is suboptimal. A restorative justice approach is proposed as an alternative solution that emphasizes victim-oriented recovery through dialogue and compensation, rather than punishment-focused retributive justice. High-profile cases, such as SIM swap fraud and data misuse in national systems (PDN), highlight the inconsistency of regulation enforcement. Therefore, strengthening oversight, technical implementation rules, public digital literacy, and institutional capacity is crucial to ensuring effective data protection and restoring public trust in digital services.
Keywords : Personal Data Protection, PDP Law, ITE Law, Restorative Justice,Recovery Mechanism