Reconstruction of Legal Protection for Victims of Personal Data Misuse Based on Human Rights in the Digital Era

Abstract

This study aims to analyze the urgency of reconstructing legal protection for victims of personal data misuse grounded in human rights in the digital era. The misuse of personal data has developed into a serious threat to the right to privacy guaranteed by Article 28G paragraph (1) of the 1945 Constitution, while the framework of Law Number 27 of 2022 concerning Personal Data Protection still leaves weaknesses in the aspects of recovery and compensation for victims. A normative juridical approach was employed, combining statutory, conceptual, and comparative approaches integrated with the perspective of maqāṣid al-syarī'ah, particularly the principle of ḥifẓ al-'irḍ (protection of honor). Based on the findings, it can be concluded that legal protection for victims of personal data misuse is not yet fully oriented toward the recovery of victims' rights, so that a reconstruction is required that integrates constitutional guarantees, the standards of the International Covenant on Civil and Political Rights, and the strengthening of an independent personal data supervisory institution.