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Critical Analysis of the Implementation of the Right to Be Forgotten in Addressing Digital Stigma and Personal Data Protection in Indonesia Alfin Suherman; Abdullah Sulaiman
International Journal of Social Service and Research Vol. 6 No. 5 (2026): International Journal of Social Service and Research
Publisher : Ridwan Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46799/ijssr.v6i5.1399

Abstract

The development of information and communication technology has led to an increased distribution of personal data in the digital space, which has the potential to give rise to various legal issues, one of which is the emergence of digital stigma against individuals who have been involved in criminal justice processes. Information about criminal cases spread through digital media often remains available and easily accessible to the public even after the individual has been declared innocent by the court. This study critically analyzes the implementation of the Right to Be Forgotten (RTBF) in addressing digital stigma and personal data protection within Indonesia's criminal justice system. Using normative juridical methods with a conceptual approach and descriptive qualitative analysis. The person's social life, career prospects, and reputation may all suffer as a result of this illness. Thus, in the digital age, the idea of the Right to Be Forgotten (RTBF) is an essential legal tool for safeguarding personal information and individual privacy rights. The study's conclusions show that while the Indonesian legal system has adopted the Right to Be Forgotten idea, there are still a number of obstacles in the way of its actualization, including unclear data deletion mechanisms, conflicts between individual privacy protection and judicial system transparency, and technical obstacles in deleting digital information. Therefore, To guarantee that the Right to Be Forgotten can successfully safeguard people's rights to privacy and reputation in the digital era, more stringent laws and clear implementation procedures are needed.
Integration of Normative and Empirical Approaches in Modern Legal Research KMS Herman; Imanudin Suwardi; Alfin Suherman; Beby Savitri; Edy Krispono
Journal of Law and Social Politics Vol. 4 No. 3 (2026): Journal of Law and Social Politics
Publisher : Politeknik Siber Cerdika Internasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59261/jlsp.v4i3.143

Abstract

Background: Legal research often faces a methodological gap between law in books and law in action, which limits the understanding of why legal norms are not always effectively implemented in society. Objective: This study aims to examine methodological challenges in modern legal research by exploring the relationship between normative and empirical approaches from a socio-legal perspective. Methods: This study employs a normative-empirical literature-based approach using socio-legal analysis. Secondary data, including legal regulations, court decisions, and previous empirical studies, were analyzed through literature reviews and document analysis to identify gaps between legal norms and their implementation in practice. Results: The findings demonstrate that the relationship between law in books and law in action is dynamic and frequently influenced by social, cultural, economic, and power-related factors. Normative approaches alone cannot fully explain legal realities, whereas empirical approaches may lack sufficient prescriptive orientation. A socio-legal approach provides an integrative framework by combining normative analysis, empirical inquiry, and contextual interpretation. Conclusion: This study proposes a multi-level integrative socio-legal research design that bridges normative and empirical dimensions, enabling legal analysis to understand law not only as a system of formal rules but also as a living social practice.