PERLINDUNGAN KONSUMEN ATAS SHORT MESSAGE SERVICE (SMS) YANG BERSIFAT SPAM

Abstract

This research focus on the consumer protection in terms of spam Short Message
Services (SMS). Sending spam SMS can be considered a privacy violation as a
consumer if the telecommunication service provider does not have permission
from the user. The authorities to regulate upon the action of sending SMS is
under the Ministry of Communication and Informatics. The developments
of regulation on the action of sending SMS surely hope to be more stringent
in order to protect the user as a consumer. The writing method used in this
research is doctrinal as utilizing the type of normative juridical research by
utilizing secondary data. Regulation for sending SMS is regulated in the Ministry
of Communication and Informatics Regulation Number 1 of 2021 regarding
Second Amendments of Ministry of Communication and Informatics Regulation
Number 13 of 2019 regarding Implementation on Telecommunication Service
(Permenkominfo 1/2021) is considered not to meet the expectation of user
protection. In this research a question have been raise concerning the regulation
on sending spam SMS in order to protect user interest and legal remedies that
can be taken by users if the their rights is violated when receiving a spam SMS.
These regulation and possible actions are important as a form of preventive and
repressive measures against the actions of telecommunication service providers
that send spam SMS to users