Legal Reconstruction of the Right to be Forgotten Based on the Electronic Information and Transactions Law

Abstract

The Right to Be Forgotten (RTBF) is a fundamental embodiment of the right to privacy to control and erase outdated personal digital traces. In the Indonesian context, the RTBF regulation contained in Article 26 of Law Number 1 of 2024 concerning the Second Amendment to the ITE Law raises profound legal problems. This study identifies two main problems: the vagueness of norms (the absence of clear criteria regarding "irrelevant information") and procedural inefficiency due to the mandatory court-ordered mechanism that limits public access to substantive justice. This study uses a normative juridical method supported by empirical data, with a comparative approach of legislation, cases, and comparisons (especially the European Union), aiming to reconstruct a just RTBF legal model for the future. The research concludes: First, the Reconstruction of Norms, by requiring the formulation of detailed criteria regarding irrelevance, based on the Test of Time and the Test of Public Interest. Second, the Reconstruction of Procedural Mechanisms, by transitioning from a slow judicial path to a Fast and Efficient Administrative Mechanism, giving the Personal Data Protection Commission (KPDP) primary authority to decide on RTBF applications. This reconstruction model is a novelty of research that aims to create a responsive legal system, balancing the protection of individual human rights with press freedom, and ensuring certainty and accessibility of justice in the digital era.