Legal Consequences for LDMO Disclosing Personal Data of Transacting Parties: A Study of Legal Protection

This study will examine and analyze the legal consequences for LDMO disclosing the personal data of transacting parties. In addition, this study also aims to determine the legal protection for parties who suffer losses due to violations committed by the LDMO. This study uses a normative juridical method. The collection of primary, secondary, and tertiary legal materials is carried out using literature study techniques. The collected legal material is then analyzed using qualitative data analysis methods with a statute approach. The results show that LDMO will get a sanction of dishonorable dismissal, payment of compensation, imprisonment for a maximum of four years, and or a fine for a maximum of four billion rupiahs. In this case, if the LDMO is legally and convincingly proven to have violated the oath of office and caused loss to several parties by disclosure of personal data. At the same time, forming the LDMO Guiders and Supervisors Council is a form of legal protection for all parties who commit legal acts before LDMO. In this case, any party that suffers a loss can complain about the alleged violation committed by LDMO to the Guiders and Supervisors Council. In addition, any party that suffers a loss also gets compensation from LDMO as regulated in laws and regulations. Therefore, it is recommended that LDMO uphold the oath of office as a moral code regulated in the Code of Ethics and Head of the NLA Regulation. In this case, to maintain their profession’s dignity and public trust in their noble role (officium nobile).


INTRODUCTION
Humans have practiced private law relationships for a long time in their social interactions. One of these private law relationships is the sale and purchase of land. Every party that carries out the sale and purchase of land activities requires legal certainty (Nurdin & Tegnan, 2019). In this case, the buyer can register the land to obtain a certificate or evidence of land rights from the National Land Agency.
Article 37  In the case of registration of the transfer of rights as referred to in the provision above, Article 103 section (2)  "In the case of transfer of rights to plots of land that have been certified or Ownership Rights to Condominium Units, the documents as referred to in section (1) consist of evidence of the identity of the party transferring rights and evidence of the identity of the recipient of rights." From the provision above, it can be understood that each party must submit their identity to the LDMO when transferring land rights (Syam & Muzakkir, 2022). Most Parties submit a copy of their National Identity Card to the LDMO as evidence of identity. In this case, every citizen who is 17 years old or married is required to have a National Identity Card. National Identity Card contains personal data based on Article 4 section (3)  On the other hand, many other private law relationships require a copy of the National Identity Card and personal data. Agung (2019) revealed that there was activity on one of the social media platforms that traded in large amounts of personal data and copies of the National Identity Card or Family Card. In this case, the data is misused by parties who want certain benefits without considering the losses the personal data owner will suffer.
From the description above, it can be understood that LDMO as a public official and personal data controller, is obliged to protect and ensure the security of the Personal Data of each party who carries out the land sale and purchase activities. In this case, each party does not suffer losses or other legal problems after submitting their data to LDMO. In contrast, several studies discuss the losses suffered by parties who have taken legal actions before public officials. In this case, there is an abuse of authority or disclosure of the parties' data in the authentic deed.
Wijayanti and Ariawan (2021) explained that applying the concept of cyber notary causes crime in the digital world due to the misuse of personal data. In this case, any person who is not a party can submit a copy of the identity evidence of the related party to obtain an authentic deed from a Notary Public. In contrast, this normative study will discuss the misuse of personal data by LDMO. In this case, the legal consequences for LDMO if disclosing the parties' data to other persons. Haridhy et al. (2019) explained that until now, the receiving party is still experiencing losses after receiving the authentic deed made by LDMO. In this case, LDMO made the deed of deed not based on the procedures regulated in the applicable laws and regulations. In contrast, this normative study will discuss legal protection for parties who suffer losses after LDMO disclosed their personal data.
Based on the description above, this study will examine and analyze the legal consequences for LDMO disclosing the personal data of transacting parties. In addition, this study also aims to determine the legal protection for parties who suffer losses due to violations committed by the LDMO.

METODE
Penelitian ini menggunakan metode yuridis normatif dengan pendekatan undang-undang. Pendekatan tersebut menganalisis permasalahan hukum dengan mengacu dan bersumber dari norma hukum. Jenis data yang digunakan adalah bahan hukum, antara lain: legal include books, articles, and online materials that discuss LDMO's responsibility to protect the personal data of parties that carry out legal actions; and 3. Tertiary legal materials are legal materials that provide instructions and explanations for primary and secondary legal materials. The tertiary legal material used by the author is the Big Indonesian Dictionary and related legal dictionaries.
The collection of primary, secondary, and tertiary legal materials is carried out using literature study techniques. The collected legal material is then analyzed using qualitative data analysis methods with a statute approach to analyzing problems and answer study purposes (Qamar & Rezah, 2020).

The Obligation of LDMO to Keep Secrets of Authentic Deed Contents
It has been explained in the previous description that the community very much needs the existence of the role and authority of LDMO. However, it must be understood that the community does not shape the existence of LDMO, or LDMO does not present naturally in the community. LDMO is one of the professions in law, which is included as officium nobile (Riyanto et al., 2020). In line with the authority, the existence of LDMO is presently based on laws and regulations.
LDMO was formed to serve the community by making written and authentic evidence regarding specific legal actions on land rights (Toryanto & Yunanto, 2022). One product closely related to the role of LDMO is an authentic deed (Manuaba et al., 2018).
In carrying out its role, LDMO must prioritize morality and behave ethically. Therefore, LDMO is regulated by laws and regulations. In addition, a code of ethics reflects LDMO in carrying out its profession, obligations, and standards determined by the organization following the community's needs.
At the same time, there are certain conditions under the orders of laws and regulations so that LDMO must disclose the contents of the authentic deed. In this case, there is a right of denial so that LDMO can disclose the contents of the authentic deed before the Judge (Arisaputra, 2012). Some several laws and regulations abolish LDMO's obligations and responsibilities to keep secrets of authentic deed contents, including: Therefore, LDMO must understand the extent of legal limitations for its profession obligations in maintaining and keeping secrets of authentic deed contents (Prabawa, 2017). In addition, keeping secrets of authentic deed contents is not only in the interests of LDMO to carry out their duties. However, it is also to maintain public trust in his noble role (officium nobile) (Aziza et al., 2020).
However, it is undeniable that LDMO as an individual can commit an abuse of authority which is included in the category of unlawful acts. Abuse or irregularities of LDMO in carrying out their duties can be classified as malpractice. In this case, malpractice because it violates the code of ethics (ethical malpractice) or violates laws and regulations (legal malpractice) (Sriwati, 2022).

Disclosure of the Personal Data of the Parties is a Violation of the PPAT Oath of Office
Protection through legal products is one of the efforts to create a sense of security and avoid actions that can harm human rights (Kotzé, 2014). LDMO that complies with laws and regulations in making authentic untuk merahasiakan isi akta otentik. Dalam hal ini, termasuk merahasiakan data para pihak yang terlibat dalam akta tersebut. Selain itu, peraturan perundangundangan melindungi PPAT dalam menjalankan kewajiban tersebut.
Legal protection consists of preventive and repressive (Riyaadhotunnisa et al., 2022). Preventive is a legal protection that aims to prevent violations. In contrast, repressive is a legal protection that aims to punish perpetrators of violations or dispute resolution.
On the other hand, it is undeniable that LDMO as an individual can commit an abuse of authority, resulting in losses for several parties. One of the causes of losses is the LDMO action which discloses the contents of the authentic deed. In this case, the parties' personal data in the authentic deed are controlled and misused by other parties.
In terms of providing legal protection and certainty for the community, the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency formed the LDMO Guiders and Supervisors Council. Article 16 section (1)  Therefore, any party that suffers a loss can complain about the alleged violation committed by LDMO to the Guiders and Supervisors Council. Furthermore, if the complaint is proven legally and convincingly, then LDMO will get a sanction of dishonorable dismissal. In this case, it violates the oath of office, which contains the responsibility to keep secrets of authentic deed contents. The determination of the sanction is based on the type of violation and sanctions number 1 point f of Annex II to the Head of the NLA Regulation No. 2 of 2018.
In addition to sanctions for violating the oath of office, LDMO will also get a sanction for causing losses for another person. In this case, Article 1365 of the Civil Code regulates that: "Every act that violates the law and brings losses to other persons, obliges the person who caused the loss because of his fault to replace the loss." Furthermore, suppose disclosure of the contents of the authentic deed or the parties' personal data is carried out using electronic media. In this case, LDMO will also get a sanction based on Article 26 of Law undangan dalam pembuatan akta otentik dapat dilihat sebagai upaya memberikan kepastian dan perlindungan hukum bagi pihak-pihak yang melakukan perbuatan hukum di hadapannya.
Dalam hal memberikan perlindungan dan kepastian hukum bagi masyarakat, Menteri Agraria dan Tata  (1) Unless otherwise regulated by the Laws and Regulations, the use of any information through electronic media concerning a person's data must be carried out with the consent of the person concerned.
(2) Any person whose rights are violated, as referred to in section (1), can file a lawsuit for the losses incurred under this Law.
In addition to sanctions for violating the oath of office and bringing losses to other persons, LDMO will also get a sanction for committing an unlawful act. In this case, Article 322 section (1) of Law of the Republic of Indonesia Number 1 of 1960 on Amendment of the Penal Code regulates that: "Whoever deliberately discloses a secret they are obliged to keep because of their position or search, both now and in the past, is threatened with imprisonment for a maximum of nine months or a maximum fine of nine thousand rupiahs." At the same time, because it acts as a Personal Data Controller, LDMO will also get a sanction based on Article 67 section (2)  carry out his profession as an officium nobile. At the same time, the Government has also provided legal protection for parties who have committed legal acts before the LDMO. In this case, to ensure that no parties suffer losses due to abuse of authority from LDMO.

CONCLUSIONS AND SUGGESTIONS
Based on the results and discussion above, it can be concluded that LDMO will get a sanction of dishonorable dismissal, payment of compensation, imprisonment for a maximum of four years, and or fine for a maximum of four billion rupiahs. In this case, if the LDMO is legally and convincingly proven to have violated the oath of office and caused loss to several parties by disclosure of personal data. At the same time, forming the LDMO Guiders and Supervisors Council is a form of legal protection for all parties who commit legal acts before LDMO. In this case, any party that suffers a loss can complain about the alleged violation committed by LDMO to the Guiders and Supervisors Council. In addition, any party that suffers a loss also gets compensation from LDMO as regulated in laws and regulations. Based on the description of these conclusions, it is recommended that LDMO uphold the oath of office as is a moral code regulated in the Code of Ethics and Head of the NLA Regulation. In this case, to maintain their profession's dignity and public trust in their noble role (officium nobile). menjalankan profesinya sebagai officium nobile. Pada saat yang sama, Pemerintah juga telah memberikan perlindungan hukum bagi pihak-pihak yang telah melakukan perbuatan hukum di hadapan PPAT. Dalam hal ini, agar tidak ada pihak yang dirugikan akibat penyalahgunaan wewenang dari PPAT.