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All Journal JURNAL HUKUM Lentera Hukum Hasanuddin Law Review Lex Scientia Law Review
Park, Jihyun
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Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Examining Personal Data Protection Law of Indonesia and South Korea: The Privacy Rights Fulfilment Shahrullah, Rina Shahriyani; Park, Jihyun; Irwansyah, Irwansyah
Hasanuddin Law Review VOLUME 10 ISSUE 1, APRIL 2024
Publisher : Faculty of Law, Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20956/halrev.v10i1.5016

Abstract

Personal data leakages have been experienced by both Indonesia and South Korea. To ensure the protection of privacy rights relating to personal data, both countries have promulgated special laws, namely the Indonesian Personal Data Protection Law (PDP Law) and the South Korean Personal Information Protection Act (PIPA). This study aims to compare the two laws to ascertain their similarities and differences by adopting a comparative law approach. The study found that similarities exist in the two laws. They are to protect personal data and confer rights on data subjects. In the absence of explicit consent given by data subjects, data controllers and processors are prohibited from collecting and processing the data with some exceptions. They also mandate a special institution that is tasked to investigate and sanction data controllers and processors when they conduct data infringement. There are inherent differences in the two laws. PIPA is designed to be the framework legislation and PDP is designed to be a special statute. Additionally, PIPA mandates the institution dealing with personal data protection without referring to any other law but the Act itself.  PDP Law clearly states that further provisions relating to this institution will be governed by Presidential Regulation.
Evaluating Data Breach Notification Protocols: Comparative Analysis of Indonesia and South Korea Situmeang, Ampuan; Park, Jihyun; Sudirman, Lu; Silviani, Ninne Zahara; Agustini, Shenti
Lentera Hukum Vol. 12 No. 1 (2025): LENTERA HUKUM
Publisher : University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ejlh.v12i1.47621

Abstract

Data protection is one of the most important aspects of the digital economy, with its legal implications extending across digital landscapes. The failure to protect data in data breaches can threaten the interests of owners and expose them to various risks. Legal compliance regarding how owners are notified of data breaches is important to prevent this, necessitating deep legal discourse and analysis. Using a comparative legal research method with a statutory approach, this study dissects norms within Indonesia and South Korea’s legal systems to analyze their differences in legal compliance regarding this issue. The findings of this study highlight the discrepancies in legal frameworks between Indonesia and South Korea. It particularly notes Indonesia's lack of a governing body for data breach notifications and the absence of comprehensive privacy impact assessments or cybersecurity compliance. Ultimately, the study underscores the need for Indonesia to develop a normative model for data protection to address its significant regulatory gaps—contrasting with South Korea's more robust legal mechanisms and the GDPR's systematic oversight.KEYWORDS: Data Breach, Data Breach Notification, Data Protection.
Intellectual Property Challenges for AI-Driven Creativity: A Focus on Copyright and Patents in Emerging Economies Sudirman, Lu; Disemadi, Hari Sutra; Budi, Henry Soelistyo; Park, Jihyun; Silviani, Ninne Zahara
Lex Scientia Law Review Vol. 9 No. 1 (2025): May, 2025: Law, Technology, and Globalization: Challenges and Innovations in th
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lslr.v9i1.20611

Abstract

The integration of Artificial Intelligence (AI) into scientific advancements has become a crucial part of daily life for many people. In the creative industry, AI has the potential to not only enhance the level of creativity, but also productivity. The legal implications of this development must be carefully analyzed for the development of the creative industry, to establish a legal position on where AI stands in the increasingly competitive market, especially when Intellectual Property Right (IPR) as a key factor is taken into account. This research examines the need for a legal framework for AI. It was conducted through the lens of intellectual property law, to determine its place within existing IPR regimes using the comparative legal method. The results conceptually justify the urgency to regulate AI, and highlights the taxonomy dilemma of AI-generated works within the current dynamics of the creative industry, indicating a taxonomy dilemma. Further analysis also indicates that while there’s a decent urgency to address all of the normative issues that exist within Indonesia’s IPR legal framework, it’s imperative that Indonesia prioritizes the development of the copyright and patent regimes, which are closely related to the nature of AI-generated works.
A Legal Analysis of the Influence of International Trade on Import Restriction Policies in Indonesia Widiarty, Wiwik Sri; Park, Jihyun; Putra, Tria Sasangka
Jurnal Hukum Vol 41, No 3 (2025): Jurnal Hukum
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jh.41.3.741-766

Abstract

This study examines how international trade dynamics influence Indonesia’s import restriction policies, focusing on the Minister of Trade Regulation Number 36/2023 and its amendment, the Minister of Trade Regulation Number 8/2024. The research aims to analyze how global trade commitments, particularly WTO principles such as GATT Articles I and XI, shape Indonesia’s regulatory framework; assess the economic and practical consequences of these restrictions for domestic industries and supply chains; and evaluate the balance between protectionism and trade liberalization, highlighting long-term implications for competitiveness and sovereignty. Using a normative juridical approach, the study reviews primary, secondary, and tertiary legal materials, including national legislation and international conventions such as WTO/GATT, AFTA, NAFTA, and ACFTA. Legal analysis is conducted qualitatively, focusing on trade regulations, licensing measures, and policy adaptations, complemented by doctrinal interpretation to construct a comprehensive understanding of the legal framework. Findings reveal that while the Minister of Trade Regulation Number 36/2023 sought to protect domestic industries and consumers, it disrupted supply chains and delayed shipments, imposing economic costs. Subsequent relaxations under the Minister of Trade Regulation Number 8/2024 and later reforms in 2025 improved efficiency and balanced deregulation with strategic safeguards. The study underscores the trade-off between short-term protectionism and long-term competitiveness, emphasizing the need for adaptive, transparent, and WTO-compliant policies. Insights from this research provide guidance for strengthening Indonesia’s import regulations while maintaining compliance with international trade obligations.
Co-Authors Agustini, Shenti Disemadi, Hari Sutra Henry Soelistyo Budi, Henry Soelistyo Irwansyah Irwansyah Lu Sudirman Putra, Tria Sasangka Rina Shahriyani Shahrullah Silviani, Ninne Zahara Situmeang, Ampuan Wiwik Sri Widiarty