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PROBLEMATIKA PASAL 58 UNDANG-UNDANG NOMOR 27 TAHUN 2022 TENTANG PELINDUNGAN DATA PRIBADI DALAM PERSPEKTIF SIYASAH TANFIDZIYAH
The development of digital technology and the increasing use of the internet in Indonesia have increased the risk of misuse of personal data, as reflected in various cases of data leaks that threaten people's right to privacy. Although Law Number 27 of 2022 concerning Personal Data Protection provides a legal basis for the protection of personal data as part of human rights, this is also in line with the provisions of Article 28G paragraph (1) of the 1945 Constitution of the Republic of Indonesia, which guarantees the right of every person to protection of themselves, their families, their honor, their dignity, and their property. However, the establishment of a supervisory agency mandated in this law has not yet been realized. The placement of the supervisory agency under the President raises concerns regarding its independence and potential conflicts of interest, which could ultimately weaken the effectiveness of oversight and law enforcement. Therefore, this study was conducted to examine the position and independence of the personal data protection supervisory agency as stipulated in Law Number 27 of 2022 concerning Personal Data Protection, from the perspective of the principles of independence and siyasa tanfidziyah, in order to assess the extent to which its implementation is in line with the public interest within the Islamic legal system. This research is a normative legal study using a normative juridical approach. The method used is library research, utilizing secondary data in the form of primary, secondary, and tertiary legal materials. Primary legal materials include the 1945 Constitution of the Republic of Indonesia, Law Number 27 of 2022 concerning Personal Data Protection, and sources of Islamic law such as the Qur'an, Hadith, and Fiqh Siyasah. Data analysis was conducted using descriptive qualitative techniques using content analysis techniques to examine relevant legal norms and principles to address the research questions. The results of the study indicate that the provisions of Article 58 of Law Number 27 of 2022 concerning Personal Data Protection still face fundamental issues related to the independence of supervisory institutions under the President, potentially leading to subordination and political intervention, and failing to meet the principle of independent supervisory authority. This situation has resulted in the suboptimal implementation of personal data protection in Indonesia. From the perspective of Siyasah Tahfidziyah, the implementation of the PDP Law has not fully reflected the principles of justice and trustworthiness, so that it is necessary to reformulate norms and institutional designs that guarantee the independence and accountability of supervisory institutions in order to realize effective, fair, and welfare-oriented personal data protection.
FAKULTAS SYARIAH DAN HUKUM, UIN SUNAN KALIJAGA YOGYAKARTA
PROBLEMATIKA PASAL 58 UNDANG-UNDANG NOMOR 27 TAHUN 2022 TENTANG PELINDUNGAN DATA PRIBADI DALAM PERSPEKTIF SIYASAH TANFIDZIYAH (Text)
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