IURIS NOTITIA : JURNAL ILMU HUKUM
Vol. 4 No. 2 (2026): Oktober 2026

Limits on the Application of the Right to Be Forgotten to Criminal Records on Public Interest Grounds in Indonesia

Ayu Riska Amalia (Universitas Mataram)
Atika Zahra Nirmala (Universitas Mataram)
Zahratul ‘Ain Taufik (Universitas Mataram)
Hafina Haula Arsy (Universitas Indonesia)



Article Info

Publish Date
26 Oct 2026

Abstract

The persistence of online criminal records creates tension between privacy and rehabilitation and the competing interests of freedom of expression, press freedom, and public access to information. This study examines the sub-stantive and procedural limits of applying the right to be forgotten (RTBF) to criminal records in Indonesia. It employs normative legal research using statutory, conceptual, case, and limited comparative approaches. Legal ma-terials are analysed qualitatively and prescriptively through grammatical, systematic, and teleological interpretation, supported by a proportionality test. The findings reveal that Indonesia’s legal framework, comprising the Electronic Information and Transactions Law, Government Regulation No. 71 of 2019, and the Personal Data Protection Law,lacks comprehensive criteria for determining when criminal records become irrelevant or when public interest justifies their continued accessibility. This regulatory gap risks inconsistent decisions and insufficient consideration of affected parties. The study argues that RTBF is not an absolute entitlement to erase historical information but requires con-textual assessment of accuracy, legal status, offence seriousness, elapsed time, rehabilitation, the data subject’s public or professional role, victims’ interests, risks to vulnerable groups, and journalistic, scientific, and historical value.Its principal contribution is a graduated remedial framework prioritising correction, updating, anonymisation, access restriction, and de-indexing before source deletion. The study further proposes procedurally fair judicial proceedings that enable affected parties to participate and require transparent proportionality reasoning. These proposals provide normative guidance for reconciling privacy protection and social reintegration with freedom of expression and legitimate public interest in Indonesia’s digital environmen

Copyrights © 2026






Journal Info

Abbrev

IURIS

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

IURIS NOTITIA : JURNAL ILMU HUKUM or abbreviated IURIS NOTITIA is a national journal published by the Ninety Media Publisher since 2023 with E-ISSN : 3025-4477 . IURIS NOTITIA is a peer-reviewed journal with a focus on the field of Legal Studies covering the scope of Criminal Law, Civil Law, ...