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All Journal IQTISHOD: Jurnal Pemikiran dan Hukum Ekonomi Syariah
Moch Adam Nuralif
Universitas Islam Negeri Sunan Gunung Djati Bandung
Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice

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Unauthorized Commercial Photography of Runners in Dago, Bandung: An Empirical Juridical Analysis under Islamic Economic Law, the ITE Law, and Personal Data Protection Law Moch Adam Nuralif; Cucu Susilawati; Iskandar Iskandar; Dian Herdiana; Jaenudin Jaenudin
IQTISHOD: Jurnal Pemikiran dan Hukum Ekonomi Syariah Vol. 5 No. 2 (2026): Volume 5 Nomor 2 Tahun 2026
Publisher : STAI Al-Mas'udiyah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.69768/ji.v5i2.293

Abstract

This study aims to examine the practice of taking photos without permission of runners in the Car Free Day Dago area, Bandung, which is carried out without any prior agreement between the photographer and the runners as the subjects of the photos. The main issues discussed include: how this practice takes place in the field, whether the practice is in accordance with Islamic economic law particularly regarding the validity of the ijarah contract and the principle of justice in muamalah as well as how the Electronic Information and Transactions Law (UU ITE) and the Personal Data Protection Law (UU PDP) regulate the capture, storage, and dissemination of runners' photos on digital platforms without consent. This study employs a qualitative method with a juridical-empirical approach, with data collected through in-depth interviews, observation, and documentation. The findings indicate that this practice occurs under conditions of systematic contractual vacuum, contains elements of gharar and tadlis al-katman that undermine the validity of the ijarahcontract under Islamic Economic Law, while simultaneously violating Article 26 of the UU ITE and the consent principle under the UU PDP, thereby exposing photographers to potential legal consequences of an administrative, civil, and criminal nature. Further research with a larger sample and a multidisciplinary approach is strongly recommended.
Co-Authors Dian Herdiana Iskandar Iskandar Jaenudin Jaenudin Susilawati, Cucu