Perlindungan Hukum terhadap Data Pribadi dalam Transaksi E-Commerce: Perspektif Hukum Islam dan Hukum Positif

Abstract

The technology and Information development today is quite rapidly. All aspects of life cannot be separated from technology, such as business activities conducted digitally from operations, marketing, and sales, as well as communication with customers in E-Commerce applications. E-commerce transactions not only have a positive impact but can cause cybercrime, related to personal data. The purpose of this study is to analyze the suitability of applicable laws with Islamic law on personal data in e-commerce transactions. This research uses qualitative methods and literature studies with normative legal study approaches by using conceptual approach, statute approach, and legal comparison. In this study the authors used the theories of maqashid al-shari'ah, mashlahah, legal protection, legal comparison, and utilitarianism. In e-commerce transactions, a personal private data must be protected due to privacy relates to single identity access, contact list, location, photos, files and matters related to one's privacy. In Islam views, a privacy should be appreciated, it is related to personal confidentiality. Islamic Law and Indonesian Positive Law both regulate the issue of legal protection of personal data to be able to create justice, balance, security and safety and ensure legal certainty in electronic transactions. However, Islamic law does not explain in detail as well as the explanation in positive law.