Exploring Cross-Jurisdictional Transfer of Digital Personal Data Protection Laws Using The Dignified Justice Theory

¹ Faculty of Law, Pelita Harapan University, Tangerang, Indonesia
² Faculty of Law, Satya Wacana Christian University, Salatiga, Indonesia

^* Corresponding author: rawniarndarnijariah@gmail.com

Abstract

This study discusses the legal vacuum and conflicting norms of digital data protection of individual citizens who use digital platforms transmitted trans-jurisdictions from European member countries to the United States. It comparatively reviews European Court decisions, European Directives, and Data Protection Laws as primary sources of law. The theory of Dignified Justice navigates the examination. It found that laws governing digital data transmission from one jurisdiction to another could be transferred to fill gaps and harmonize Indonesian law with European law in this area. Although in principle, according to the theory of Dignified Justice, the law must only be contained in the embodiment of the national spirit (volkgeist), among others, in existing regulations, especially in Indonesia or in the Pancasila Legal System, but through transposition according to the Dignified Justice Perspective it has been found that although there are differences in the formulation regarding legal norms protecting private digital data created to protect private digital data sent across jurisdictions, Indonesia also has substantive legal norms that are similar to the same law regime in Europe.