Perlindungan Hak Konstitusional atas Privasi melalui Mekanisme Right to be Forgotten dalam Kekerasan Seksual terhadap Anak

Abstract

The rapid development of information and communication technology has created a digital environment that facilitates the fast and continuous dissemination of personal data, including the identity of child victims of sexual violence, which often remains accessible even after judicial proceedings have concluded, creating a risk of revictimization and prolonged social stigma. This study aims to analyze the protection of children's constitutional right to privacy through the right to be forgotten (RTBF) mechanism in Indonesia and to formulate an RTBF design consistent with the principle of legal certainty. The main problem addressed is the gap between the normative recognition of RTBF and the availability of an effective, enforceable operational mechanism for child victims. This research employs a normative legal method using statutory, conceptual, and comparative approaches, analyzed prescriptively through the theories of H.L.A. Hart, Lon L. Fuller, Robert Alexy, and Roscoe Pound. The findings show that RTBF is recognized in layered fashion across the 1945 Constitution, the Child Protection Law, the Sexual Violence Crime Law, the Electronic Information and Transactions Law, and the Personal Data Protection Law, yet remains non-operational due to four deficiencies: the absence of implementing regulations, a litigation/non-litigation dualism, the lack of binding deadlines, and the absence of child-specific procedures. The study concludes that this failure stems from a deficit in secondary rules rather than an absence of norms, requiring a three-stage RTBF design strengthened by selective comparison with Germany, France, and China, accompanied by revision of Article 26 of the ITE Law, refinement of Government Regulation 71/2019, and the issuance of a Ministerial Regulation.