Electronic Theses and Dissertation

Abstract merlita yuli safitri 2023 examining the asean cross-border personal data transfer regulation and its compatibility with indonesian’s personal data protection law faculty of law, syiah kuala university (ix.74 ), pp.,abbr., bibl. mahfud, s.h., ll.m nowadays in the digital era, there has been an increase in the use and transfer of personal data in various countries. asean has formed a regional instrument (asean framework on personal data protection) which is hoped to be the standard of the legal system in cross-border data transfer. considering this matter, indonesia, as a part of asean, has recently ratified law number 27 of 2022 on pdp, which regulates the mechanism for personal data transfers outside the territory of indonesia. the more personal data flows outside the territory of indonesia, the more important it is to get adequate protection. this research aims to identify whether asean has provided a sufficient legal system to protect the flow of international data transfers and to explore an adequate legal system in indonesia that are compatible with the asean framework on pdp towards cross-border data transfer. this study is a normative legal research with a conceptual and statutory approach. this research uses the technique of document study, legal materials, or library data obtained by the author and processed through legal reasoning and logical-analytic thinking. this research shows that asean doesn’t have an adequate legal protection towards cross-border data flow, nevertheless asean has faced the issues of asymmetric legislation in the region by proposing any acts that could strengthen the cyber system in southeast asia. one of the mechanisms that have been proposed is asean model contractual clauses (mcc). by applying mcc, countries include indonesia can carry out the transfer of personal data across borders with the countries that do not yet have laws that are equal to pdpa. indonesia can strengthen its legal system of data protection but also can harmonize them with regional instruments for maintain the compatibility. it is recommended to asean, in any acts or initiation that could strengthen the cyber system can be feasible and guarantee the legal system. its also has necessary to indonesia government to regulate further regulation into subsidiary legislation towards cross-border data transfer.

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