The Challenge of Indonesia in Applying the Right to be Forgotten

Abstract

The results of the amendment of Law No. 11 of 2008 on Electronic Information and Transactions (UU ITE) not only solving problem but also causing new problem. UU ITE No. 19 of 2016 regulates the authority of a person to delete his/her personal information on an internet page or otherwise known as the Right to be Forgotten (RTBF) which was previously popular in European countries. In many studies this Right is always confronted with the right of the freedom of expression, thus the fundamental issue concerning this right is an attempt to balance the two. This paper shall discuss the history of RTBF, review several cases related to the implementation of RTBF in several countries, compare the RTBF concept to be applied in Indonesia, analyze the challenges in the implementation process, as well as try to find models for the proper implementation in Indonesia. Indonesia should immediately prepare government regulations in response to the RTBF, given the potential problems if there is no detailed instrument of the implementation. As well as to further determine the competent authorities to assess each submitted application is based on the RTBF.