Digital Rights as Human Rights: Rethinking Constitutional Guarantees in the Digital Era Safi, Zilda Khilmatus Shokhikhah
Faculty of Law, Trunojoyo Madura University
Abstract
Abstract
The rapid pace of digital transformation has given rise to a new dimension of human rights, namely digital rights, encompassing the right to online privacy, freedom of expression in cyberspace, and equitable access to information technology. This article aims to reinterpret Indonesia^s constitutional guarantees, particularly Article 28 of the 1945 Constitution, in relation to the protection of digital rights. Using a normative juridical approach combined with the statute approach and comparative approach, this study examines national legislation and comparative practices from countries that explicitly recognize digital rights. The findings indicate that while the Indonesian Constitution guarantees several rights that can be extended to the digital sphere, there is no explicit normative formulation that recognizes and protects digital rights as an integral part of human rights. This underscores the urgency of establishing a legal framework that is adaptive to technological developments, including the possibility of constitutional amendments or the enactment of specific legislation on digital rights. The study^s implications highlight the need for synergy among policymakers, academics, and civil society to ensure that Indonesia^s digital transformation is inclusive, equitable, and firmly grounded in human rights protection.
Keywords: digital rights, human rights, constitution, digital transformation, personal data protection.
Topic: Legal Frameworks for Inclusive Digital Transformation
