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All Journal AHKAM : Jurnal Hukum Islam dan Humaniora Zona Law And Public Administration Indonesia
Piansah, Aip
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Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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The Role of Civil Law in Realizing Personal Data Security in the Era of Digital Transformation in Indonesia Piansah, Aip
Zona Law And Public Administration Indonesia Vol. 2 No. 4 (2024): JULY 2024
Publisher : Yayasan Mentari Madani

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Abstract

This study discusses the role of civil law in realizing personal data security in Indonesia in the midst of the digital transformation era. With the rapid development of information technology, personal data has become very vulnerable to leakage and misuse, so legal protection is crucial. This study uses a normative juridical approach with a descriptive-analytical method to examine related laws and regulations, including the Civil Code (KUHPer) and the Personal Data Protection Law, as well as the challenges in their implementation. The results of the study show that although civil law provides an important legal framework, challenges such as lack of public awareness, suboptimal law enforcement, and complicated legal procedures hinder the effectiveness of personal data protection. Cases of personal data breaches reveal the potential for civil law mechanisms to provide protection, but they are often insufficient to effectively prevent breaches. Recommendations include increasing public awareness, strengthening law enforcement, simplifying legal procedures, and collaboration between the government, the private sector, and the public to strengthen personal data protection in Indonesia. This research is expected to provide insights and recommendations to improve personal data protection regulations in the digital era
Empirisme dan Fenomenologis dalam Perspektif Filsafat Hukum Naturalism Syafithri, Firda Nisa; Rahman, Fakhri Aulia; Piansah, Aip; Firmansyah, Diki
AHKAM Vol 2 No 2 (2023): JUNI
Publisher : Lembaga Yasin AlSys

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58578/ahkam.v2i2.1100

Abstract

Legal thought is characterized by the development of legal philosophy schools of thought. The emergence of a legal school was a response or criticism of the previous legal school, or it emerged as a response to the social development of society at that time. Currents that emerge and develop in the realm of legal thought include natural law, legal positivism (pure legal theory), utilitarianism, legal realism, American sociological jurisprudence, and schools of history. The entire history of legal philosophy makes it clear that the real problem in the field of legal philosophy is none other than this problem: what is natural law? From the beginning, natural law has been the subject of legal philosophy and until today this problem always reappears in people's minds. The research method that the writer uses in this research is descriptive analytic. The author uses data collection techniques in the form of a literature study by taking into account issues related to Empiricism and Phenomenology in the Legal Perspective of Naturalism. The research results have implications for the Legal Philosophy of Naturalism which can be seen in terms of empiricism and phenomenology. Based on the theory of natural law, there are those who argue that the beginning of all goods is not owned by anyone. Such goods are called ResNullius (See Article 519 BW. which states: "Items that are not owned by anyone"). By agreement between them, humans divide these goods, thereby obtaining individual property rights.
Co-Authors Diki Firmansyah, Diki Rahman, Fakhri Aulia Syafithri, Firda Nisa