Sharia-Based Legal Formula For Personal Data Protection In The Financial Services Industry Post-Covid-19 Pandemic (original) (raw)

Financial Technology and the Legal Protection of Personal Data: The Case of Malaysia and Indonesia

Al-Risalah: Forum Kajian Hukum dan Sosial Kemasyarakatan, 2020

The presence of digital technology brings significant changes in many aspects of human life, including the economy and financial services. The rapid development of financial technology (fintech) is being responded quickly by many countries including Indonesia and Malaysia. Not only conventional fintech, but Sharia fintech is also developing significantly in both countries. This phenomenon is caused by the efficiency and ease of fintech. However, fintech in Indonesia is not followed by a comprehensive protection of personal data. The absence of special regulation on the protection of personal data in Indonesia causes the data often be misused by certain parties such as being stolen, sold, transferred and eliminated irresponsibly causing harm to fintech users. Meanwhile, Malaysia has built a legal system of personal data protection since 2010 and becomes the first country in the ASEAN region to have a comprehensive personal data protection law system. Therefore, the article aims to ov...

Consumers Spiritual Rights In Indonesia: A Legal Study Of Sharia Fintech Implementation In The Consumers Protection Perspective

Jurnal IUS Kajian Hukum dan Keadilan

The Industrial Revolution 4.0 provided advances in financial services such as financial technology (fintech) innovations. The fintech concept that adapts to technological developments is expected to facilitate a more practical, secure, and modern financial transaction process, including digital-based financial services that are currently developing around the world. The implementation of fintech in Indonesia is divided into conventional fintech and sharia fintech which provides choices for the public in accessing financial services. The problem comes from the Muslim community who still do not believe in the implementation of the Islamic financial industry especially sharia fintech. The existence of skepticism from the community is the basis of this research. This research uses normative legal research methods to describe and explaining efforts to implement sharia fintech in protecting the consumers, especially the protection of "spiritual rights". This protection can be pursued through the spread of sharia principles in which sharia fintech financing services do not contain usury, uncertainty (ghoror), speculation (masyir), hiding damage (tadlis), harming other parties (dharar), and avoiding illegal matters (haram). Then the implementation of sharia fintech in protecting the customer's spiritual rights can also be pursued by applying financing arrangements that have been regulated by applicable regulations and by Fatwa DSN-MUI, such as contract/akad al-bai', akad ijarah, akad mudharabah, akad musyarakah, akad wakalah bi al ujrah, and akad qardh.

Legal Protection for Customers in Information Technology-Based Financing with Sharia Principles (Study of PT Ammana Fintek Syariah)

Proceedings of the 3rd International Conference on Law and Governance (ICLAVE 2019), 2020

This research discusses the information technology-based financing implemented by sharia financing company (PT Ammana Fintek Syariah). Information technology-based financing services on the one hand provide benefits as an alternative financing for consumers and MSME entrepreneurs, but on the other hand, they contain high risks considering that financing providers and financing recipients do not know each other and have never met. The study aims to examine legal protection principles and risk mitigation for consumers in peer-to-peer lending based on Sharia Law and Indonesian legislation. This research will analyze those problems by applying normative-juridical and qualitative research methods. This study found that the standard contract made unilaterally by the financial technology company does not protect consumer rights. The Indonesian Financial Services Authority Regulation No. 77/POJK.01/2016 regarding Information Technology-Based Lending Service is not sufficient as a legal basis of customer protection. The regulation contains many weaknesses, such as it does not regulate on sharia peer-to-peer lending. It creates a legal vacuum and legal uncertainty to Muslim consumers. Therefore, POJK No. 77/POJK.01/2016 has to be amended to accommodate the interest of Muslim consumers and this sharia financial technology company.

PERSONAL DATA PROTECTION POLICY IN LAW NUMBER 27 OF 2022 IN THE PERSPECTIVE OF POSITIVE LAW AND ISLAMIC LAW

Hukum Islam, 2023

The rise of various data leakage problems that occurred, made the Indonesian government officially stipulate the existence of a Personal Data Protection Law contained in Law No. 27 of 2022. As a Muslim-majority country, of course, we need to look at views and legal concepts from an Islamic perspective. Thus, this research aims to determine the application of the Personal Data Protection Act in the perspective of positive law and Islamic law. The use of qualitative methods with a normative juridical approach is the research method used. The main focus is on library research in the form of data on applicable laws in Indonesia, articles, books, the Koran, hadith, books and other literary documents that are in line with research. The results of the study show that the Personal Data Protection Act implies the concept of sadd al-dzari'ah in Islamic law as a form of prevention and the government's responsibility, to seek legal guarantees and cover the increasing threat of personal data leakage. This study also found that the PDP Law that was just passed in its implementation still needs to be reviewed in the articles related to the institution that will later supervise and ensure the control and processing of personal data.

Liability for Personal Data Leakage of Fintech Consumer by Islamic Economic Law Perspective

Zenodo (CERN European Organization for Nuclear Research), 2023

This research is written because of the Electronic Information and Transactions Acts (UU ITE) No. 19 of 2016 Article 26 Paragraph (1) that the use of consumer personal data must be with the consent of the data owner, in its implementation there is often the use of consumer data by third parties without the owner's consent, such as the case of the Tokopedia data leak. However, there has been no settlement or civil liability carried out by parties proven to have violated the rules. This problem can be examined from the perspective of Islamic Economic Law because the development of fintech is not only in the conventional form but also in sharia form. This study aims to determine who is responsible for the leakage of consumer data and how the form of accountability takes. This research is a normative juridical method. The results reveal if there is a data leak, the fintech company is obliged to take responsibility by being responsible for errors. Meanwhile, in Islamic Economic Law, data leakage is called Al-fi'lu Al-dharar that cause dhamân or ta'widh. Because the data leak contains an element of error, the form of responsibility is to provide ta'widh to the injured party.

Law And Personal Data: Offering Strategies For Consumer Protection In New Normal Situation In Indonesia

Jurnal Jurisprudence

Purpose of the study: The benefits of the internet during a pandemic bring opportunities for cybercrimes, such as online data theft and leakage of consumers’ personal data. For this reason, the objectives of this study are 1) to determine the phenomenon of misuse of consumer’s personal data amidst COVID-after19 in Indonesia and 2) to describe strategies in preparing consumer personal data protection as the key to the success of the new normal in Indonesia. Methodology: This study used non-doctrinal research. To describe the phenomenon of misuse of consumers’ personal data amidst COVID-19 in Indonesia, the data were collected by distributing questionnaires to internet users in Indonesia and applying qualitative methods employing survey data collection techniques with stratified multi-stage random sampling technique. Results: It was found that the consumers’ personal data in Indonesia is still unprotected, so the conception adopted by the European Union and the OECD can be used as a r...

THE URGENCY OF ENACTING PERSONAL DATA PROTECTION LAW AS A PATRONAGE FROM THE DEVELOPMENT OF COMMUNICATION AND INFORMATION TECHNOLOGY IN INDONESIA

Perspektif, 2020

The development of information technology might control the pattern of people's behavior in digital era. The presence of internet as the main platform for online activities, including electronic transactions, was now increasingly attracting the interest of Indonesian people although it was vulnerable to be hacked by irresponsible parties as a cyber-attack. One cyber-attack targets individual's personal data. This study, therefore, took some issues related to that matter. First, it discussed the regulation of personal data protection in Indonesia applied in recent days, and second, it proposed an appropriate law to regulate such issue in the future.This study was a normative research with statute and case approaches. The result showed that, first, the existing regulation for personal data protection was less effective as it was still scattered in some sectorial setting, and thus, the system of appropriate regulation under a comprehensive law was considerably important. Second, the disharmony of regulatory legislation in regulating people personal data protection needed to be solved through a specific regulation which particularly regulated on personal data protection.

The Urgency of Law Renewal Regarding the Protection of Consumer Personal Data in Financial Technology Companies That Abuse Consumer Personal Data Protection

Scientia

The use of Financial Technology based on Peer to Peer Lending in information technology-based lending andborrowing services in Indonesia has always increased, especially since the Covid-19 pandemic. In the use ofFinancial Technology based on Peer to Peer Lending, consumers must provide personal data including alldata, information, information and documents, both electronic and non-electronic and emergency telephonenumbers. Unfortunately, there are cases of misuse of personal data, namely if consumers have not paid off theloan, the Financial Technology Company threatens to disseminate photos and personal data of the borrowerif they do not pay off the loan immediately. One of the factors that influence the misuse of personal datais the absence of facilities and regulations that comprehensively regulate the protection of personal datain Indonesia. The purpose of this study is to analyze of legal protection against consumer personal data inFinancial Technology companies. This research u...

Data Protection in Financial Technology Services (A Study in Indonesian Legal Perspective)

2018

The banking sector is facing a new competitor, namely Financial Technology (Fin-tech). Fin-tech itself can be described as an industry composed of companies using a new tech-nology and innovation with available resources in order to compete in the marketplace of tradi-tional financial institutions and intermediaries in the delivery of financial services. In Indonesia, Fin-tech has been widely developed since the past 3 years. Fin-tech faces a new challenge as a new service for financial consumer which adapts to new ways of living in modern digital tech-nology era. Basically, Fin-tech offers three main categories such as payment, personal finance, and financing. In financing application there are peer to peer financing, social crowd funding, and loan marketplace. All of these kinds of application have some issues in legal framework and data protection due to the use of communication technologies such as internet, social networks, Smartphone, massive use of data with the Big Data, con...

Protecting Privacy On Personal Data In Digital Economic Era : Legal Framework In Indonesia

Brawijaya Law Journal, 2018

Within the last five years it is noted that the people of Indonesia has become more aware of their privacy on personal data since their personal data is being collected, distributed and disseminated without their prior consent both by the government and businesses and their co-ventures. These businesses tend to commit violations by using and disseminating customers' data without the consent of their respective customers. This article focuses on Indonesian legal framework on the Privacy on personal data. It is argued that although there is existing laws in the privacy on personal data, however, those legal framework still developed in very sectoral nature. It is submitted that the most suitable regulatory concept for Indonesia is a combination regulatory concept, or hybrid concept., which protect Indonesian's and foreigner parties' interests privacy on personal data. To investigate existing laws in personal data protection, this research examines both national as well as international and regional legal framework in personal data protection. Comparison between Indonesia and the practice of other ASEAN states is also conducted to determine the most suitable approaches in addressing the protection of personal data.