HAK ASASI MANUSIA DALAM HUBUNGANNYA DENGAN REGULASI PERDAGANGAN DIGITAL DAN E-COMMERCE GLOBAL

Abstract

The rapid expansion of global digital trade and e-commerce has fundamentally reshaped patterns of international economic relations while simultaneously generating new vulnerabilities in the protection of human rights. Personal data has evolved into a high-value strategic commodity, driving innovation and economic growth. At the same time, however, this transformation has exposed individuals to heightened risks, including privacy violations, data misuse, algorithmic discrimination, and the exploitation of platform workers. A normative tension has emerged between digital trade regimes that prioritize market liberalization and human rights frameworks that place human dignity at the center of legal protection. This study aims to: (1) analyze the integration of human rights principles into international digital trade regulation, with particular reference to the ICCPR and the GDPR; (2) compare the effectiveness of policy frameworks in Indonesia, Singapore, and Thailand; and (3) formulate a human rights–oriented model of legal harmonization within ASEAN. The research employs a normative juridical method, applying statutory, conceptual, and comparative approaches. The findings indicate that ASEAN’s legal architecture, particularly through the ASEAN Agreement on Electronic Commerce, remains primarily focused on facilitating digital transactions and has yet to explicitly incorporate binding human rights obligations. Significant disparities in data protection standards among member states persist, creating the potential for cross-border safe havens for rights violations. The study therefore recommends the establishment of an ASEAN Digital Rights Framework, the imposition of algorithmic accountability obligations, and the strengthening of independent data protection authorities to ensure that digital economic growth remains aligned with states’ obligations under the ICCPR.