COMPARISON OF RIGHT TO BE FORGOTTEN (RTBF) BETWEEN INDONESIA AND SEVERAL COUNTRIES TO ESTABLISING CERTAIN LEGAL DATA PROTECTION IN INDONESIA

Abstract

Right to be Forgotten (RTBF) is a legal concept representing an individual's right to control their personal data held by an electronic system operator. The legal basis for implementing the RTBF in Indonesia is outlined in Article 26 (3) and Article 26 (4) of the ITE Law, which were adopted through the first international regulation recognizing RTBF, namely Article 17 of the General Data Protection Regulation 2016. However, the implementation of RTBF in Indonesia remains a subject of debate. One of the reasons is that the ITE Law only obliges electronic system operators to provide mechanisms for deleting irrelevant information or electronic documents but does not impose sanctions on those who refuse to accept requests for data removal. This results in legal ambiguity within the ITE Law, particularly in Article 26 (3) and Article 26 (4), which form the basis for implementing the RTBF concept in Indonesia. This article aims to conduct a comparative legal approach to the implementation of RTBF in Indonesia and several other countries where RTBF has already been applied. The goal is to identify adoption models that can be considered for implementation in Indonesia to address the regulatory uncertainties surrounding RTBF implementation. The research yields several key points of discussion, including: (1) The limits of RTBF usage in Indonesia; and (2) A comparison of RTBF in Indonesia with other countries that have also implemented RTBF as a means of protecting personal data.