PERAN STANDARD CONTRACTUAL CLAUSES (SCCS) SEBAGAI BAGIAN DARI APPROPRIATE SAFEGUARD DITINJAU DARI PELINDUNGAN HUKUM DATA PRIBADI DALAM TRANSFER DATA LINTAS BATAS
Janice Katherine Amadea, Dr. Agustina Merdekawati, S.H., LL.M
2025 | Tesis | S2 ILMU HUKUM JAKARTA
This research aims to analyse and review the regulation and implication of Standard Contractual Clauses (SCCs) as part of the Appropriate Safeguard in terms of Legal Protection of Personal Data in Cross-Border Data Transfers in Indonesia, the People's Republic of China (PRC), and the European Union, as well as the best practices of the implementation of regulations regarding Standard Contractual Clauses (SCCs) as part of the Appropriate Safeguard, can be improved in efforts to protect personal data in cross-border data transfers in Indonesia.
This research is a normative juridical legal research using the statute approach method through 2 (two) stages, namely library research and field research. The data analysis method used in this research is qualitative data analysis method and comparative analysis method which is presented descriptively analytically, and the method of drawing conclusions is done by deduction.
This research has several conclusions: First, Indonesia itself does not yet have a legal framework related to Standard Contractual Clauses (SCCs), but ASEAN already has a guide in the form of ASEAN Model Contractual Clauses (MCCs) that can be applied by ASEAN member countries, Indonesia will create its legal framework related to SCCs through the PP implementing the Personal Data Protection Law which is currently still being drafted by comparing SCCs models that have been applied by other countries previously and have implications for personal data protection in cross-border personal data transfers, namely ASEAN MCCs, PRC PIPL Standard Contracts, and EU SCCs which the author compares through 9 (nine) indicators. Secondly, the 9 (nine) indicators can help lawmakers in Indonesia to determine which SCCs model is applicable and in accordance with the principles contained in the Personal Data Protection Law. In addition, best practices are also reviewed from the application of the law and the theory of legal objectives.
Kata Kunci : perbandingan hukum, pelindungan data pribadi, transfer data lintas batas, dan Standard Contractual Clauses (SCCs).