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All Journal Kosmik Hukum ADLIYA: Jurnal Hukum dan Kemanusiaan
Nipon Sohheng
Ramkhamhaeng University
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Consumer Privacy and Data Tracking in the Digital Economy: Legal Frameworks and Future Challenges in Indonesia and Thailand Agustianto Agustianto; Nipon Sohheng; Lu Sudirman; Triana Dewi Seroja; Nurlaily Nurlaily
Kosmik Hukum Vol. 25 No. 3 (2025)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v25i3.25948

Abstract

This study analyzes the adequacy of consumer data protection frameworks in Indonesia and Thailand in addressing privacy threats posed by advanced tracking technologies through the lens of human rights. Using normative legal research methodology supported by a comparative approach, this study examines how both countries' legal frameworks govern data tracking technologies in their rapidly digitalizing economies. The analysis reveals significant weaknesses in both Indonesia's Personal Data Protection Law and Thailand's Personal Data Protection Act, particularly in their classification frameworks for advanced tracking technologies that combine machine learning algorithms with cross-device behavioral pattern analysis. While Thailand demonstrates superior protection against consent bundling, both countries lack comprehensive data classification systems and adequate mechanisms to address privacy threats from sophisticated tracking technologies. This study proposes a model of legal development to enhance consumer data protection in both jurisdictions, emphasizing the need for immediate reforms to protect privacy rights in the face of evolving digital tracking capabilities. The findings underscore the urgency for both countries to strengthen their legal frameworks to balance economic growth with fundamental human rights in the digital economy. The insights that this study provides contribute to the growing literature around consumer privacy, while also highlighting practical implications for Indonesia and Thailand, particularly regarding lack of data classification as a significant legal gap that both countries need to tackle.
Defining Legal Boundaries of ‘Harm’ In Digital Expression in Indonesia and Thailand Ampuan Situmeang; Yusuf Saefudin; Nipon Sohheng; Shelvi Rusdiana; Abdurrakhman Alhakim
ADLIYA: Jurnal Hukum dan Kemanusiaan Vol. 19 No. 1 (2025): ADLIYA : Jurnal Hukum dan Kemanusiaan
Publisher : Fakultas Syariah dan Hukum UIN Sunan Gunung Djati Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/adliya.v19i1.44685

Abstract

The enforcement of digital conduct provisions is currently gaining more relevance. Indonesia and Thailand, as two countries with diverse socio-cultural and religious backgrounds, continue to struggle with ensuring that online conduct was within safe boundaries. However, ongoing efforts to regulate this situation raised numerous questions regarding the balance between freedom of expression and societal sensitivities, particularly in relation to how 'harm' was defined by individuals and the legal system. A normative legal study was conducted to analyze the relevant primary law sources from both countries and examined how ‘harm’ is defined by the Indonesian and Thailand legal system. The results showed that there was a significant disconnect between Indonesia and Thailand's diverse societies and how the legal system tried to balance competing interests. Legal provisions and enforcement also showed a strong focus on socio-cultural preservation that may inadvertently limit digital discourse.
Co-Authors Abdurrakhman Alhakim Agustianto Agustianto, Agustianto Lu Sudirman Nurlaily Nurlaily Rusdiana, Shelvi Saefudin, Yusuf Situmeang, Ampuan Triana Dewi Seroja