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All Journal Jurnal Ilmiah Hukum LEGALITY
Zaka Firma Aditya
Faculty of Law, Universitas Andalas, Indonesia and The Constitutional Court of the Republic of Indonesia, Indonesia
Law, Crime, Criminology & Criminal Justice

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Constitutionalising the Right to Be Forgotten in Indonesia’s Digital Environment: Balancing Privacy, Expression, and Human Rights Zaka Firma Aditya; Elwi Danil; M. Guntur Hamzah; Pan Mohamad Faiz Kusuma W.
Legality : Jurnal Ilmiah Hukum Vol. 34 No. 2 (2026): September
Publisher : Faculty of Law, University of Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/ljih.v34i2.43615

Abstract

This article examines the regulation of the Right to Be Forgotten in Indonesia, particularly emphasising the challenges of administrative law enforcement amid the digital technology era. As personal data can now be stored and disseminated indefinitely across digital platforms, this right emerges as a critical legal instrument for protecting privacy, reputation, and human dignity. This analysis explores Indonesia’s regulatory framework particularly personal data protection legislation and administrative mechanisms to assess how this right can be applied while preserving democratic values such as freedom of expression and public access to information. Employing a normative legal research methodology that combines statutory, conceptual, case-based, and comparative approaches, this study identifies normative gaps, enforcement challenges, and tensions between privacy rights and transparency obligations. The article concludes that the recognition of this right as a constitutional right is essential to ensure equal and effective protection. Its constitutional entrenchment would solidify legal certainty, provide explicit accountability mechanisms, and secure a proportional balance between privacy and freedom of expression. Consequently, this right may serve as a cornerstone for building a fair, inclusive, and constitutionally established digital ecosystem in Indonesia.
Co-Authors Elwi Danil M. Guntur Hamzah Pan Mohamad Faiz Kusuma W.