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All Journal Hakim: Jurnal Ilmu Hukum dan Sosial Perkara: Jurnal Ilmu Hukum Dan Politik
Fahriawan, Hendra
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Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Legal Implications of International Digital Trade Agreements on Personal Data Protection in Foreign Investment in Southeast Asia Laksito, Joni; Rahmawati, Amanda; Hasibuan, Ibnu Habibi; Fahriawan, Hendra
Perkara : Jurnal Ilmu Hukum dan Politik Vol. 3 No. 2 (2025): Juni 2025 : Perkara Jurnal Ilmu Hukum dan Politik
Publisher : Universitas Sains dan Teknologi Komputer

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51903/97gymc88

Abstract

Digital transformation enhances cross-border economic integration through digital trade agreements, such as DEPA, CPTPP, or RCEP, which contain provisions for personal data protection. Southeast Asia, however, still experiences significant regulatory harmonization challenges due to country disparities in laws. This study examines the legal implications of international digital trade agreements on personal data protection systems in Indonesia, Thailand, and the Philippines, as well as their potential impact on the foreign investment climate in these countries. This research uses a normative-comparative juridical approach based on the analysis of 30 purposively selected international and national legal documents. As the Study Findings show, Thailand has the highest level of coherence with international norms concerning data protection, followed by Indonesia (73%) and then the Philippines (54%). This research also proves that legal certainty in data protection has a direct correlation with foreign investment growth in the digital sector. By innovatively contending a new integrated analytical model to link digital trade law and personal data protection, this research contribution offers strategic recommendations for regulating that harmonize the ASEAN region to bolster the secure and inclusive digital investment ecosystem.
Global Digital Trade Regulation: An International Law Perspective on Cross-Border Data Flows and Privacy Standards Fahriawan, Hendra; Hasibuan, Ibnu Habibi; Rahmawati, Amanda
Hakim: Jurnal Ilmu Hukum dan Sosial Vol. 3 No. 3 (2025): HAKIM: Jurnal Ilmu Hukum dan Sosial
Publisher : LPPM Universitas Sains dan Teknologi Komputer

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51903/qgrchv12

Abstract

Digital trade has become the backbone of a data-driven economy; however, no international legal framework exists at present for the regulation of cross-border data flows in any fair and effective manner. This research is interested in an analysis of international digital trade regulations under the architectures of international law, particularly in tension between economic liberalization and the protections provided by privacy laws. The research utilizes a normative qualitative method through content analysis of 27 multilateral, regional, and national legal documents in conjunction with a literature review and comparative analysis. The study reveals a significant extent of regulatory fragmentation across jurisdictions like the European Union with the GDPR, China's PIPL, and a sectoral system in the United States. Such fragmentation is reflective of differing foundational legal values acting in the attorney space, leading to both legal uncertainty and dual compliance costs, as well as potential conflicts between states' regulations. The current study presents a normative model based on three principles of international law: non-discrimination, sovereignty of states, and protection of human rights, for creating an inclusive global legal framework. In theory, this study serves an important purpose of extending the discourses of international law and digital geopolitics. In practice, it will lay down a roadmap for a global policy addressing regulatory conflict resolution and support participation by developing countries, whereas issues of digital trade can gain much from multilateral cooperation. Thus, the proposed framework will not only bridge theoretical gaps but also give precise guidance for the establishment of a fair, representative, and sustainable global policy architecture.
Co-Authors Hasibuan, Ibnu Habibi Laksito, Joni Rahmawati, Amanda