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All Journal Syariah: Jurnal Hukum dan Pemikiran JHR (Jurnal Hukum Replik)
Hidayatulloh Hidayatulloh
Faculty of Law, University of Miskolc, Hungary
Humanities Law, Crime, Criminology & Criminal Justice

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HUMAN RIGHTS AND DATA PROTECTION IN THE DIGITAL FINANCIAL ECOSYSTEM Hidayatulloh Hidayatulloh
JHR (Jurnal Hukum Replik) Vol 11, No 1 (2023): JURNAL HUKUM REPLIK
Publisher : Universitas Muhammadiyah Tangerang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31000/jhr.v11i1.8110

Abstract

Indonesia passed Law Number 27 of 2022 concerning the Protection of Personal Data, a notable instrument in preventing privacy and data protection rights violations. This paper analyzes the relationship between human rights and personal data protection in digital financial transactions. In the findings of this paper, privacy rights and data protection rights are human rights that are interrelated with one another. Both are essential parts of protecting human honor and dignity. In matters of personal data, leakage and theft are the leading digital security issues in financial institutions, especially banks. The community hopes that Law Number 27 of 2022 can provide protection, especially the security of digital financial transactions that continue to develop in Indonesia.Keywords: human rights, personal data protection, digital finance
Ulasan Berbasis Maslahah terhadap Fatwa MUI tentang Cryptocurrency: Perspektif Manusia yang Sadar Sanuri Sanuri; Masdar Hilmy; Nafi’ Mubarok; Imroatul Azizah; Yoga Irama; Hidayatulloh Hidayatulloh
Syariah: Jurnal Hukum dan Pemikiran Vol 25 No 1 (2025)
Publisher : Universitas Islam Negeri Antasari Banjarmasin

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18592/sjhp.v25i1.16641

Abstract

Cryptocurrency is increasingly gaining global popularity, particularly among investors and digital entrepreneurs. In parallel, debates surrounding its permissibility under Islamic law have intensified. The lack of legal clarity among Islamic scholars presents a significant challenge in providing normative guidance. The fatwa issued by the Indonesian Ulema Council (MUI) declaring cryptocurrency haram (unlawful) has drawn criticism for being misaligned with contemporary concepts of maslahah and the evolving digital economy. This study critically examines the MUI's prohibition through the lens of Al-Tufi's human cognition-based theory of maslahah alongside contemporary Muslim scholars who assess legal rulings through contextual considerations of harm (mafsadah) and benefit (maslahah). This research is a literature-based study employing a normative-juridical approach and qualitative analysis, exploring the fatwa through the principles of Islamic jurisprudence, maslahah, and maqasid al-shari'ah while drawing on both classical and contemporary Islamic thought. The findings reveal that the MUI fatwa, based on four legal grounds—gharar (speculation), darar (harm), qimar (gambling), and sil'ah (tradable commodity)—and a rigid textual approach, fails to incorporate a human cognition-based maslahah as a viable alternative to support regulatory clarity and an adaptive formulation of Islamic law responsive to digital innovation. The study recommends prioritizing regulatory and constitutional certainty to enable a more adaptive and progressive Islamic legal response to technological advancement.
Co-Authors Imroatul Azizah Masdar Hilmy Nafi’ Mubarok Sanuri Sanuri Yoga Irama