HAK SUBJEK DATA PRIBADI DALAM UNDANG-UNDANG NOMOR 27 TAHUN 2022 TENTANG PERLINDUNGAN DATA PRIBADI PERSPEKTIF AL-HUQUQ AL-INSANIYYAH

Ramadani Siregar, S.H., NIM.: 21203012045 (2023) HAK SUBJEK DATA PRIBADI DALAM UNDANG-UNDANG NOMOR 27 TAHUN 2022 TENTANG PERLINDUNGAN DATA PRIBADI PERSPEKTIF AL-HUQUQ AL-INSANIYYAH. Masters thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

This research was motivated by the passing of Law Number 27 of 2022 concerning Personal Data Protection, namely regarding the rights of personal data subjects. In Article 15 there are exceptions to the rights of personal data subjects, namely for the interests of national defense and security, the interests of the law enforcement process, the public interests in the context of state administration, the interests of supervision and the interests of statistics and scientific research. This exception is not explained in detail and accurately regarding the limitations or mechanisms, so that it has the potential to become an article with multiple interpretations and problems in the future and there is concern that there will be misuse of personal data authority without the consent of the party concerned for certain reasons. This is not in accordance with Article 28G of the 1945 Constitution which contains the values of respect for human rights and respect for individuals and does not have binding legal force as long as it is not interpreted. This type of research is library research with a descriptive-analytical research nature and uses a juridical-normative (statute law) approach. The primary legal materials used in this research are the 1945 Constitution, Law Number 27 of 2022 concerning Personal Data Protection. And the secondary legal materials used are the Al-Quran and Hadith, fiqh/ushul fiqh, books, academic manuscripts, bills, journals or other scientific papers that can provide explanations regarding primary legal materials. The analysis used in this research uses the theory of legal certainty and Al-huqūq Al-insāniyyah as analytical tools. The research results show that. First, the PDP Law cannot provide legal certainty regarding the law itself, especially for the rights of personal data subjects. In statutory regulations, the rights of personal data subjects are rights whose fulfillment can be limited by the state or law, but the exceptions must be clearly explained regarding the limitations and mechanisms in order to provide legal certainty for the rights of personal data subjects, and their protection is guaranteed. Legal certainty is one of the elements that must be fulfilled in enforcing a law, as well as in the formation of legislation, it must reflect the principle of protection, and the principle of humanity, namely that the law must reflect the protection and respect for human rights and their dignity in a proportional manner. Second, through the perspective of Al-huqūq Al-insāniyyah, namely the obligation to maintain human honor, life and property, the prohibition of oppression in all aspects of life, it is an obligation to provide guaranteed protection for personal data subjects whose rights are excluded from any danger or loss to life. and safety, so that this is in line with the principles of Al-huqūq Al-insāniyyah, namely protection of the soul and protection of its honor.

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