The Right to be Forgotten: Regulation of Personal Data Deletion in Indonesia

The purpose of this paper is to analyze the regulation of personal data deletion in Indonesia as a form of protection for the right to be forgotten, and subsequently, the process of personal data deletion that exists in Indonesia. This paper discusses in detail the right to be forgotten. The research method used in this paper is normative legal research. It employs a conceptual approach and a legislative approach. The exploration of legal materials is conducted through document studies. The analysis in this paper is qualitative. The results of this research explain that the concept of the "right to be forgotten" refers to the individual's ability to request the deletion of their personal data from public databases, particularly information that could harm their reputation, privacy, or even social life. In the context of the European Union, this concept is outlined in Articles 7 and 8 of the Charter of Fundamental Rights of the European Union. Article 7 emphasizes the importance of respecting private and family life, which is a fundamental aspect of human rights. Meanwhile, Article 8 asserts the protection of personal data, stating that data must be processed fairly and for specific purposes, based on consent or a legitimate legal basis. The process of personal data deletion in Indonesia currently lacks specific regulations, thus relying on agreements between personal data owners and data controllers, in accordance with the principle of pacta sunt servanda.

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Publication Details

Journal
KRTHA BHAYANGKARA
Published
2024-12-23
DOI
https://doi.org/10.31599/krtha.v18i3.3291
Citations
1
Primary Topic
Legal and Policy Analysis in Indonesia
Type
article
Field-Weighted Citation Impact
4.07
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article

The Right to be Forgotten: Regulation of Personal Data Deletion in Indonesia

Ni Kadek Dhea Ardi Prabasari, Kadek Januarsa Adi Sudharma, Michael Angelo
1 citations
KRTHA BHAYANGKARA
Legal and Policy Analysis in Indonesia
4.07
article

The Right to be Forgotten: Regulation of Personal Data Deletion in Indonesia

Ni Kadek Dhea Ardi Prabasari, Kadek Januarsa Adi Sudharma, Michael Angelo
article en
1 citations

Abstract

The purpose of this paper is to analyze the regulation of personal data deletion in Indonesia as a form of protection for the right to be forgotten, and subsequently, the process of personal data deletion that exists in Indonesia. This paper discusses in detail the right to be forgotten. The research method used in this paper is normative legal research. It employs a conceptual approach and a legislative approach. The exploration of legal materials is conducted through document studies. The analysis in this paper is qualitative. The results of this research explain that the concept of the "right to be forgotten" refers to the individual's ability to request the deletion of their personal data from public databases, particularly information that could harm their reputation, privacy, or even social life. In the context of the European Union, this concept is outlined in Articles 7 and 8 of the Charter of Fundamental Rights of the European Union. Article 7 emphasizes the importance of respecting private and family life, which is a fundamental aspect of human rights. Meanwhile, Article 8 asserts the protection of personal data, stating that data must be processed fairly and for specific purposes, based on consent or a legitimate legal basis. The process of personal data deletion in Indonesia currently lacks specific regulations, thus relying on agreements between personal data owners and data controllers, in accordance with the principle of pacta sunt servanda.

KRTHA BHAYANGKARAVol. 18(3)
University of National Education (ID), Nasional University (ID)
Openalex Percentile: Top 5%
Legal and Policy Analysis in Indonesia
4.07
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The Right to be Forgotten: Regulation of Personal Data Deletion in Indonesia — Ni Kadek Dhea Ardi Prabasari, Kadek Januarsa Adi Sudharma, et al. · KRTHA BHAYANGKARA (2024) | TGRS Research Map | TGRS