Analisis Perbandingan Undang-Undang Nomor 27 Tahun 2022 tentang Pelindungan Data Pribadi dengan General Data Protection Regulation (GDPR) Uni Eropa sebagai Perkembangan Hukum Internasional dalam Era Digital

Abstract

In today's development, the digital era has given rise to new events or problems where technology has become an important aspect that requires humans to live with technology. This development means that law must also continue to develop according to the times with the aim of solving a problem. The emergence of various digitalization problems is a problem that humans must face, one of which is protecting personal data. Indonesia, in its legal development, has created regulations regarding the protection of personal data, namely the passing of Undang-Undang Nomor 27 Tahun 2022 tentang Pelindungan Data Pribadi (UU PDP). Before the creation of the UU PDP, the European Union had already issued regulations regarding the protection of personal data by passing the General Data Protection Regulation (GDPR). GDPR is a regulation that has high standards which makes this regulation a global reference for implementing personal data protection regulations in various countries. This research aims to find out the legal comparison between the UU PDP and GDPR regarding personal data, how these two regulations become an effective legal in enforcing the protection of personal data in the digital era. The research method used is normative juridical, the data collection tool used is library research and the data source that can be obtained is secondary data. Secondary data itself contains primary legal materials, secondary legal materials and tertiary legal materials. The conclusion of this research is that there is a legal comparison between the UU PDP and GDPR in resolving personal data violations in each region. The research results show that the GDPR as a source of international law has similarities and differences with the UU PDP as a national regulation in Indonesia. This legal comparison refers to the systematicity of regulations and the application of sanctions in cases of personal data breaches. Apart from that, the implementation of the UU PDP in Indonesia shows that this regulation is still not yet fully implemented in that there are no implementing regulations or institutions that oversee the protection of personal data.