Ensuring the Safeguarding of Individuals Affected by Unauthorized Use of Personal Information: A Comparative Analysis of General Criminal Law and Islamic Legal Frameworks

Abstract

The rapid advancement of technology has led to the massive collection and storage of personal data. This data can be misused for various purposes, causing significant harm to individuals. Therefore, protecting personal data is crucial. This study aims to examine the protection of victims of personal data misuse from the perspectives of Indonesian Criminal Law and Islam. The study begins by exploring the significance of personal data protection. Personal data is essential for individuals' identity, privacy, and financial security. Its misuse can lead to identity theft, financial fraud, and reputational damage. Next, the study delves into the formulation of personal data protection under Indonesian Criminal Law. The Indonesian Criminal Code does not explicitly address personal data protection. However, several provisions can be interpreted to protect personal data, such as the prohibition against unauthorized data collection and dissemination. The study further examines personal data protection in Islam. Islamic law emphasizes the protection of individuals' rights and privacy. Several Islamic principles, such as the right to privacy (haqq al-khususiyah) and the prohibition against harming others (la tadharrur), support the protection of personal data. The study concludes by highlighting the importance of a comprehensive legal framework for personal data protection in Indonesia. This framework should encompass both civil and criminal law provisions, drawing upon both Indonesian Criminal Law and Islamic principles. By strengthening legal protections, individuals can be better safeguarded from the misuse of their personal data.