Comparative Analysis of Indonesia's Personal Data Protection Law with the European Union and California Regulations to Identify Best Practices in Protecting Public Privacy Rights

Abstract

Personal data protection has become a critical issue in the digital era, as data breaches increase in Indonesia. Law No. 27 of 2022 concerning Personal Data Protection (PDP Law) is a newly enacted regulation aimed at safeguarding individuals' privacy rights. However, the implementation of the PDP Law still faces various challenges, especially in terms of law enforcement and oversight of electronic system providers. This research aims to analyze the substantial differences between Indonesia’s PDP Law, the European Union’s General Data Protection Regulation (GDPR), and the United States’ California Consumer Privacy Act (CCPA), as well as to identify best practices that can be adopted to strengthen personal data protection in Indonesia. This study employs a normative legal research method with a statutory and comparative approach. An analysis of GDPR and CCPA, both recognized as global standards for data protection, is conducted to provide recommendations for enhancing Indonesia’s regulations. The results indicate that while the PDP Law is a positive step, there are still weaknesses in terms of transparency, accountability, law enforcement, and the granting of data subject rights. Indonesia can adopt practices from the GDPR, such as data protection impact assessments and stricter sanctions, as well as from the CCPA in giving consumers greater control over their data. This study recommends improving law enforcement mechanisms, transparency in data management, and public education on the importance of personal data protection. By referring to effective international regulations, Indonesia can enhance the effectiveness of its PDP Law and strengthen the protection of privacy rights in the increasingly complex digital era.