Right to be Forgotten: Protection or Loophole for Abuse?

Umi Khanifah Nur Hidayati

Internship

10 May 2026 · 12:53 10 May 2026 12:53 WIB 6 minutes reading time: 6 minutes 4 read

The Right to be Forgotten in the revision of the Human Rights Law is considered important to protect individuals, but is prone to being misused to whitewash track records.

Ilustrasi editorial mengenai Hak untuk Dilupakan, jejak digital, dan keseimbangan antara privasi individu dengan transparansi publik. — Ilustrasi konsep Hak untuk Dilupakan dalam revisi UU HAM yang menyoroti benturan antara perlindungan privasi individu dan hak publik untuk memperoleh informasi. (Source: AI ChatGPT, Redaksi Literasi Hukum Indonesia)

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Table of Contents

Plan to Insert a Special Article into the Revised Human Rights Law
The clash between the Right to be Forgotten and the Public's Right to Know
Implicitly Used Legal Basis
Analysis of the Right to be Forgotten in the Revised Human Rights Law
The Need for the State to Provide Legal Protection
Beware of Potential Abuse of Digital Footprint Removal
The Midpoint between Individual Privacy and Public Interest
Conclusion

Legal Literacy - Digital footprints in the modern era are still often something that is really hard to lose, even when someone in court has been found legally innocent. Information that has already been spread on the internet continues to appear and stigmatize the public for a long time. This condition encourages the government, especially the Ministry of Law and Human Rights, to strengthen the concept of Right to be Forgotten through the revision of the Human Rights Law. The regulation is present and projected as a form of legal protection for individuals so that they are not overshadowed as accusations that are not proven true.

Plan to Insert a Special Article into the Revised Human Rights Law

The government through the Ministry of Law and Human Rights (Kemenkumham) plans to insert a special article on the Right to be Forgotten into the revision of the Human Rights Law. [1] The strengthening of this regulation is intended to provide a legal umbrella for someone who has previously been in the public spotlight due to a case. Moreover, if a person has been declared legally innocent based on a court decision. In this context, the state can assess that a person actually has the right to restoration of good name to guarantee his social future in any space, especially digital space.

The concept of the right to be forgotten is actually not new in the Indonesian legal system. Its regulation has already been implied and explicitly explained through the ITE Law and the PDP Law. However, the government considers that it still needs to be strengthened within the framework of human rights so that its protection becomes comprehensive.

The clash between the Right to be Forgotten and the Public's Right to Know

Although the Right to be Forgotten aims to protect a person from the negative impact of digital footprints, the existence of this regulation also raises various questions in the community. Will the deletion of digital footprints clash with the public's right to obtain information and the principle of freedom of the press? In addition, doubts and concerns still arise, will the regulation be a loophole for public officials to whitewash their negative track records from the digital space? As we all know, a person's track record in relation to the public interest must still be known as a form of information transparency to the public.

Implicitly Used Legal Basis

The concept of the Right to be Forgotten actually has a legal basis, although it is still not fully established specifically in a separate regulation. The provision was once regulated in Article 26 of Law Number 11 of 2008 concerning Electronic Information and Transactions (UU ITE) [2], which gives a person the right to apply for the deletion of certain electronic information based on a court order. The regulation was further strengthened by Law Number 27 of 2022 on Personal Data Protection (UU PDP) [3], which emphasizes the importance of individuals having control over their own personal data.

The government's plan to include the Right to be Forgotten in the revision of the Human Rights Law shows that the issue of digital footprints is now seen as part of the protection of human rights in the modern era. The strengthening of the regulation is expected to provide legal certainty to someone who suffers losses due to irrelevant information. However, in its application, it still requires clear limits and mechanisms so that this right is not used carelessly. This is because the protection of one's privacy also needs to consider the public interest in information disclosure and freedom of the press.

Analysis of the Right to be Forgotten in the Revised Human Rights Law

The Need for the State to Provide Legal Protection

The Right to Be Forgotten can indeed be a form of protection for someone who has previously been implicated in a case, but is not legally proven guilty. Digital footprints still often lead to prolonged stigma, even though the court has declared someone innocent. This condition can have an impact on a person's social life, work, let alone their future in the long run. The state is considered to have to provide legal protection so that a person does not continue to receive social consequences for accusations that are not proven true.

Beware of Potential Abuse of Digital Footprint Removal

The existence of regulations on the Right to be Forgotten is also inseparable from the possibility of potential abuse by certain parties, especially influential officials in the community. The deletion of digital track records related to the public interest can certainly raise new issues related to information transparency. Basically, the public has the right to know a person's track record, especially in relation to abuse of power or cases that have been in the public spotlight. Many legal experts also emphasize that the revision of the Human Rights Law must contain strict instruments and restrictions so that this right does not turn into a tool to whitewash negative track records in the digital space. [4]

The Midpoint between Individual Privacy and Public Interest

The Right to Be Forgotten could potentially clash with the public's right to know and the principle of freedom of the press if not carefully regulated. Deleting digital information is necessary to protect one's right to privacy and future. However, not all negative track records can be deleted easily, especially when the information is still related to the public interest. Therefore, what is needed is not just deleting information entirely, but a clear balance between the protection of one's privacy and the public's right to know relevant information.

Conclusion

The Right to Be Forgotten can indeed be a form of legal protection for someone who is not proven guilty so that they do not continue to be overshadowed by digital stigma in the long run. However, the existence of regulations should not ignore the public's right to obtain information, especially those related to the public interest and transparency of information from public officials. The revision of the Human Rights Law still needs to present clear and strong limits and mechanisms so that its application is not misused as a tool to whitewash negative track records. Thus, what needs to be built is not only about the protection of individual privacy, but also about the balance between personal rights and public interests in a proportional manner.