PERAN PEJABAT/PETUGAS PELINDUNGAN DATA PRIBADI TERHADAP PELINDUNGAN DAN PENGGUNAAN DATA PRIBADI PADA SEKTOR PERBANKAN

Amirudin Nur Wahid, NIM.: 20103080016 (2024) PERAN PEJABAT/PETUGAS PELINDUNGAN DATA PRIBADI TERHADAP PELINDUNGAN DAN PENGGUNAAN DATA PRIBADI PADA SEKTOR PERBANKAN. Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

protection in Indonesia. UU PDP responds to various problems of data hacking and/or the use of data that is detrimental to society. UU PDP is a regulation that specifically regulates data protection along with elements of the rights and obligations of the parties. Article 53 paragraph (1) states the obligation for the personal data controller to appoint a Personal Data Protection Officer (PPDP). In the banking sector itself, the data controller is the bank. Thus, banks are obliged to appoint PPDP in the process of their core activities. Banks monetize a lot of customer data through business profiles and behavior transactions. Therefore, in order for the processing of data monetization by banks to comply with regulations, the role of PPDP is required. However, until now, there has been no clear guidance on the role of PPDP, especially in the banking sector, considering that the government regulation mandated by the PDP Law has also not been passed. The purpose of this research is to find the ideal role of PPDP from both positive law and maqāṣid syarīʿah. This research is a normative legal research (juridical normative) by collecting data through literature study related to customer data protection in the banking sector. To answer these problems, this research uses a conceptual approach and a statutory approach. The data obtained is then analyzed qualitatively. Based on the results of the research, it is stated that the role of PPDP through the review of Articles 53 and 54 of the PDP Law has several roles in the banking sector. First, PPDP is fully responsible for providing information and advice. Second, PPDP acts as a contact person and data processing coordinator. Third, PPDP acts as a monitor of compliance with data processing norms. Fourth, PPDP plays a role in providing opinions related to the impact assessment of banking products and/or all customer data processing. In the maqāṣid syarīʿah analysis, data can be interpreted as property in Islamic law for several reasons. The reasons for data as property include the fact that data has a useful value, data can be traded and monetized, and data is protected by legal legislation. Data as property is an important basis for the impact of data hacking as a classification of the scope of maqāṣid sharīʿah.

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