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PROTECTION OF DATA SUBJECT RIGHTS IN THE TRANSFER OF PERSONAL DATA BETWEEN DATA CONTROLLERS IN INDONESIA: A COMPARATIVE ANALYSIS OF THE PDP LAW AND THE EU GDPR Fachran, Syahreza; Rosadi, Sinta Dewi; Amalia, Prita
Awang Long Law Review Vol. 8 No. 2 (2026): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/awl.v8i2.1827

Abstract

The rapid digital transformation and growth of e-commerce in Indonesia have triggered a high volume of personal data transfers between controllers. while Article 55 of the Personal Data Protection Law (UU PDP) provides only a general authorization without clear technical guidance, creating legal uncertainty and risks to data subject rights. This study analyzes the legal uncertainty of UU PDP’s regulation of controller-to-controller data transfers compared to the EU GDPR and proposes an accountable and transparent mechanism tailored to Indonesia. A normative and comparative legal method is employed, examining legislation, the principles of transparency and accountability, and a comparison between Article 55 UU PDP and Article 46 GDPR on safeguards and Standard Contractual Clauses (SCCs). The findings reveal substantial gaps in technical standards, verification mechanisms, documentation, and enforcement, in contrast to the GDPR’s modular SCCs, mandatory DPIAs, records of processing activities, and effective supervisory powers. The absence of standardized contractual clauses and an operational supervisory authority in Indonesia weakens transparency and the fulfillment of data subject rights. The study recommends adopting Indonesia-specific SCCs, strengthening an independent supervisory authority, and implementing techno-regulation through privacy by design, encryption, and Data Loss Prevention. Harmonization with GDPR standards via SCCs and institutional strengthening is essential to ensure secure, transparent, and accountable controller-to-controller transfers.
Legal Liability of AI Developers for Individual Interactions with Chatbots Resulting in Death: A Comparative Study Maharani, Khairunnisa; Rosadi, Sinta Dewi; Putri, Nella Sumika
Jurnal Ilmiah Dunia Hukum VOLUME 10 ISSUE 1 OCTOBER 2025
Publisher : PDIH Untag Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56444/jidh.v10i1.6768

Abstract

The development and use of Artificial Intelligence (AI) in platforms such as chatbots has raised ethical and legal concerns. This study aims to examine the legal responsibilities of AI developers, focusing on the case of Garcia Vs. Character Technologies, in which a teenager’s death was allegedly influenced by interaction with an AI chatbot. This study compares Indonesian and European Union legal frameworks on AI developer liability for harms arising from chatbot interactions. This study is a legal study that uses a normative juridical approach by conducting a review of legislation and comparing laws with other countries to answer the research questions. The results show that the regulation of AI ethics in Indonesia is still developing and relies on the Electronic Information and Transactions Law and the Personal Data Protection Law, which do not specifically regulate AI, while the European Union already has more comprehensive regulations. The responsibilities of AI developers, such as those in chatbot platforms, include ensuring system security from physical or psychological impacts, protecting personal data, and ensuring fair and transparent algorithms. Universally, both in Indonesia and the European Union, developers are required to comply with the principles of safety, fairness, and human rights by conducting testing to avoid bias and negative impacts on users.