EXAMINING THE ASEAN CROSS-BORDER PERSONAL DATA TRANSFER REGULATION AND ITS COMPATIBILITY WITH INDONESIAN’S PERSONAL DATA PROTECTION LAW | ELECTRONIC THESES AND DISSERTATION

Electronic Theses and Dissertation

Universitas Syiah Kuala

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EXAMINING THE ASEAN CROSS-BORDER PERSONAL DATA TRANSFER REGULATION AND ITS COMPATIBILITY WITH INDONESIAN’S PERSONAL DATA PROTECTION LAW


Pengarang

Merlita Yuli Safitri - Personal Name;

Dosen Pembimbing

Mahfud - 198004152005011003 - Dosen Pembimbing I
Lena Farsia - 197505052000122001 - Penguji
Saifuddin - 196206011989031004 - Penguji



Nomor Pokok Mahasiswa

1903101010229

Fakultas & Prodi

Fakultas Hukum / Ilmu Hukum (S1) / PDDIKTI : 74201

Subject
-
Kata Kunci
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Penerbit

Banda Aceh : Fakultas Hukum., 2023

Bahasa

No Classification

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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.

Citation



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