Digital Sovereignty and The Right To Data: A Comparative Study Between Indonesia, The European Union, and The United States

Abstract

This study aims to analyze and compare the principles of data sovereignty and the right to personal data in Indonesia, the European Union, and the United States, and assess their impact on national policies and their legal implications. The study uses a comparative juridical method with a descriptive qualitative approach, utilizing the Statute Approach to examine relevant laws and regulations, the Comparative Approach to compare the implementation of digital sovereignty principles across jurisdictions, and the Conceptual Approach to examine the theoretical framework and concepts related to data rights and digital sovereignty. The research findings indicate that Indonesia emphasizes local data control and obligations of electronic system providers, the European Union implements data subject rights and strict oversight through the GDPR, while the United States is more flexible with sectoral regulations that emphasize private sector innovation. These differences in principles influence national policies, with Indonesia facing challenges in harmonization and implementation, the European Union demonstrating regulatory uniformity, and the United States offering flexibility but with varying data protection. The legal implications of this study emphasize the importance of improving oversight capacity, regulatory harmonization, and secure cross-border data transfer mechanisms, while providing a basis for policy recommendations for Indonesia in strengthening digital sovereignty and the right to personal data.