BATASAN PENGGUNAAN HAK UNTUK DILUPAKAN BERDASARKAN PASAL 26 UNDANG-UNDANG NOMOR 19 TAHUN 2016 TENTANG PERUBAHAN ATAS UNDANG-UNDANG NOMOR 11 TAHUN 2008 TENTANG INFORMASI DAN TRANSAKSI ELEKTRONIK TERHADAP MANTAN NARAPIDANA DI INDONESIA

Abstract

Internet and information technology at this time is very important for the fulfillment of
human needs. Because the rapid development of information technology has created dynamics in
the midst of society, a management and regulation is needed that specifically addresses problems
in the field of Information and Electronic Transactions (ITE). However, in several respects, the
ITE Law still has weaknesses. One of the weaknesses that is still being debated today is the
regulation regarding the right to be forgotten as contained in Article 26 paragraphs (3) and (4).
From that article, there is no clear element of limitation to be able to carry out the execution of
the right to be forgotten, especially for ex-convicts in Indonesia. In this case the limitation of
rights in administrative law must pay attention to the norms in criminal law which the author
will further describe. The right to be forgotten should accommodate the norms contained in the
purpose of punishment. The controversy over the use of this right by ex-convicts will potentially
be used to obscure past crimes.
This type of research can be classified in the type of normative legal research, which
reveals laws and regulations related to legal theories that are the object of research. The
approach taken uses a qualitative analysis approach by searching for good data in books,
journals and other scientific works related to this research. The data sources used are primary
and secondary legal materials.
The conclusions that can be obtained from the research results are First, the regulation
regarding the right to be forgotten for ex-convicts in Indonesia is not in accordance with the
purpose of punishment. The status of ex-convicts who are still attached with a greater chance of
repeating crimes makes limiting the rights of ex-convicts something that has legal logic to tackle
crime, especially repeated crimes in the Theory of Criminal Policy. Second, the ideal concept of
limiting the right to be forgotten for ex-convicts in Indonesia should refer to the General Data
Protection (GDPR) which applies throughout the European Union. This right should not be
given to ex-convicts and must be further regulated regarding additional punishments related to
the revocation of the right to be forgotten by ex-convicts.

Keywords: Right To Be Forgotten- ITE-Former Convicts-Limitation of Rights.