Perlindungan Data Pribadi Nasabah Bank Syariah

Tinjauan Undang-Undang Perlindungan Data Pribadi dan Prinsip Hukum Ekonomi Syariah

Abstract

The digital transformation of the Islamic banking industry has significantly increased the collection, storage, and processing of customers' personal data, creating new challenges for ensuring data protection that provides legal certainty and complies with Sharia principles. This study aims to analyze the protection of customers' personal data in Islamic banking from the perspectives of Law Number 27 of 2022 on Personal Data Protection and Islamic Economic Law. This research employs a qualitative literature review approach by examining relevant laws and regulations, books, scholarly articles, and previous studies. The findings indicate that Law Number 27 of 2022 and Islamic Economic Law are substantially aligned in protecting data subjects' rights, safeguarding data confidentiality, ensuring informed consent, and promoting accountability in personal data management. The study further reveals that personal data protection in Islamic banking can be strengthened through the integration of legal compliance and Sharia compliance, ensuring that data protection extends beyond regulatory obligations to incorporate the principles of amanah (trustworthiness), al-'adl (justice), ‘an tarāḍin (mutual consent), and maqāṣid al-syarī‘ah (the objectives of Islamic law). The novelty of this study lies in proposing a conceptual framework that integrates positive law and Islamic Economic Law as a governance model for personal data protection in Islamic banking. The findings also imply that Islamic banks should strengthen their personal data protection policies by integrating the provisions of the Personal Data Protection Law with Sharia principles to enhance legal certainty, institutional compliance, and public trust.