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September 12, 2025JIHKOpen Access

Integrating Positive Law and Islamic Law in Addressing Data Breaches by Debt Collectors

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Authors

NCNoer Dini CameliaARAchmad RifaiFHFebrina Heryanti

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Overview

Normative analysis reveals gaps in legal protection against data breaches by debt collectors, suggesting integration with Islamic law may enhance safeguards.

Key Points

  • The study finds that while positive law provides comprehensive instruments for data protection, implementation challenges limit its effectiveness.
  • Legal protections against data breaches by debt collectors include crucial regulations like Indonesia's Personal Data Protection Law.
  • Islamic law principles such as ghasb and taʿzīr sanctions offer flexibility and prioritize social restoration over punitive measures.
  • Integrating Islamic legal values into the positive legal framework can enhance protection for victims, blending formal safeguards with moral considerations.

Cite This Study

Camelia et al. (2025) studied this question.

synapsesocial.com/papers/68d44c4d31b076d99fa55eb5https://doi.org/10.46924/jihk.v7i2.332
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