Paradigma Integrasi Hukum Positif dan Filsafat Hukum Islam terhadap Perlindungan Data Digital di Indonesia

Abstract

Personal data is a vital aspect that must be protected due to the risk of misuse. This qualitative study aims to describe the perspectives of Indonesian positive law and Islamic legal philosophy regarding the protection of consumers’ personal data in the use of Smartfren services at the Cikupa Office, Tangerang Regency, Banten Province. This study employs a normative-empirical legal approach. Data was obtained through data triangulation. The research findings show that the protection of consumers’ personal data on Smartfren’s services at the Cikupa Office has been implemented through several mechanisms, namely customer identity verification, restrictions on access rights to personal data, the use of One-Time Passwords (OTPs) as an authentication system, the storage of data on a secure digital system. Meanwhile, from the perspective of Islamic law, such data protection relates to the principles of hifzh al-'irdh (protection of honour) and hifzh al-mal (protection of assets), namely by treating consumer data as a trust of economic and social value that must be protected.. This study contributes to affirming that the protection of personal data is not merely a legal obligation of the state, but also has ethical and philosophical foundations in religious law