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All Journal Sophist Jurnal Sosial Politik Kajian Islam dan Tafsir
septiyan dwi putra
University of Bengkulu
Religion Humanities Social Sciences

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PERSONAL DATA PROTECTION IN ARTIFICIAL INTELLIGENCE-BASED LAW ENFORCEMENT FROM A HUMAN RIGHTS PERSPECTIVE Dian Dwi Pratiwi; Tiara Dhiya Nafisah; septiyan dwi putra; Asep Suherman
Sophist: Jurnal Sosial Politik Kajian Islam dan Tafsir Vol. 8 No. 3 (2026): Digital Epistemology, Maqasid Ethics, Socio-Legal Reform, and Civilizational Re
Publisher : Journal Sophist

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20414/sophist.v8i3.159

Abstract

The use of Artificial Intelligence in law enforcement enhances data processing and analysis capabilities but also creates risks to personal data protection and the right to privacy. This research addresses the gap between legal guarantees for personal data protection and actual data processing practices in AI-driven law enforcement, along with the need to strengthen that protection from a human rights perspective. The study analyzes problems in personal data protection within AI-driven law enforcement and proposes measures to strengthen that protection and safeguard the right to privacy. It uses a normative-juridical method, drawing on statutory and conceptual approaches. The findings show that Law Number 27 of 2022 on Personal Data Protection provides a legal foundation but does not yet fully address the specific characteristics of data processing in AI-driven law enforcement. Strengthening that protection calls for risk-based regulation, limits on data purposes and access, human rights impact assessments, privacy by design, transparency, independent oversight, human oversight, and effective redress mechanisms. The use of Artificial Intelligence in law enforcement must therefore remain consistent with the principles of legality, necessity, proportionality, and respect for the right to privacy.
JUSTICE ON PAPER, INJUSTICE IN PRACTICE: RETHINKING CONSUMER PROTECTION IN INDONESIA'S ONLINE MARKETPLACES Tiara Dhiya Nafisah; Dian Dwi Pratiwi; Septiyan Dwi Putra; Emelia Kontesa
Sophist: Jurnal Sosial Politik Kajian Islam dan Tafsir Vol. 8 No. 3 (2026): Digital Epistemology, Maqasid Ethics, Socio-Legal Reform, and Civilizational Re
Publisher : Journal Sophist

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20414/sophist.v8i3.168

Abstract

Indonesian consumers keep losing money to non-conforming goods bought through online marketplaces, even though a consumer-protection framework already exists on paper. This article asks why that gap persists and how legal philosophy should guide the way responsibility for it is assigned. Using normative legal research, it reads Law No. 8 of 1999 on Consumer Protection and its implementing regulations against Aristotle's distinction between distributive and corrective justice and Rawlsian fairness. The analysis finds that losses persist because of information asymmetry, weak consumer bargaining power, limited access to evidence, and enforcement that rarely reaches small-value disputes, leaving the justice consumers experience well short of the justice the statute promises. Responsibility for non-conforming goods should track who actually controls a transaction's risk, which means marketplaces cannot treat themselves as neutral intermediaries. The article concludes that stronger enforcement, cheaper dispute channels, and provisional refunds based on reasonable initial evidence would close much of that gap, provided they are balanced against legal certainty and the consumer's own duty of good faith.
Co-Authors Asep Suherman Asep Suherman Dian Dwi Pratiwi Dian Dwi Pratiwi Emelia Kontesa Tiara Dhiya Nafisah Tiara Dhiya Nafisah