Execution of The Right to be Forgotten in Indonesia: The Urgency of the Requirements for the Determination and Establishment of the Assessment Body

The Right to be Forgotten has been recognized in the Information and Electronic Transactions Law (ITE) and the Personal Data Protection Law (PDP), but has not been regulated in detail. The ITE Law and the PDP Law do include provisions on the right to be forgotten, but there is no specific explanation of the conditions that must be met to establish what rights can be removed as part of the Right to Be Forgotten. In addition, there is no special assessment body tasked with determining and assessing these conditions. This ambiguity causes the implementation of the Right to be Forgotten to be hampered in Indonesia. This journal aims to provide recommendations for policymakers to improve related regulations so that the implementation of the Right to be Forgotten can run effectively in Indonesia so that it has benefits for law enforcement in Indonesia. The method used in this journal is normative juridical research with a statute approach. The results of the study show that in order for the implementation of The Right to be Forgotten to be more effective, it is necessary to prepare clearer determination requirements and the establishment of an independent assessment body that can handle applications fairly and transparently.

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Publication Details

Journal
Pena Justisia Media Komunikasi dan Kajian Hukum
Published
2024-12-31
DOI
https://doi.org/10.31941/pj.v23i3.5596
Primary Topic
Legal and Policy Analysis in Indonesia
Type
article
Field-Weighted Citation Impact
0.00
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article

Execution of The Right to be Forgotten in Indonesia: The Urgency of the Requirements for the Determination and Establishment of the Assessment Body

Yos Johan Utama, Aju Putrijanti, Trisoko Sugeng Sulistyo
Pena Justisia Media Komunikasi dan Kajian Hukum
Legal and Policy Analysis in Indonesia
article

Execution of The Right to be Forgotten in Indonesia: The Urgency of the Requirements for the Determination and Establishment of the Assessment Body

Yos Johan Utama, Aju Putrijanti, Trisoko Sugeng Sulistyo
article en

Abstract

The Right to be Forgotten has been recognized in the Information and Electronic Transactions Law (ITE) and the Personal Data Protection Law (PDP), but has not been regulated in detail. The ITE Law and the PDP Law do include provisions on the right to be forgotten, but there is no specific explanation of the conditions that must be met to establish what rights can be removed as part of the Right to Be Forgotten. In addition, there is no special assessment body tasked with determining and assessing these conditions. This ambiguity causes the implementation of the Right to be Forgotten to be hampered in Indonesia. This journal aims to provide recommendations for policymakers to improve related regulations so that the implementation of the Right to be Forgotten can run effectively in Indonesia so that it has benefits for law enforcement in Indonesia. The method used in this journal is normative juridical research with a statute approach. The results of the study show that in order for the implementation of The Right to be Forgotten to be more effective, it is necessary to prepare clearer determination requirements and the establishment of an independent assessment body that can handle applications fairly and transparently.

Pena Justisia Media Komunikasi dan Kajian HukumVol. 23(3)
Diponegoro University (ID)
Peace, Justice and strong institutions
Openalex Percentile: Top 53%
Legal and Policy Analysis in Indonesia
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