Constitutional Protection of Citizens’ Rights in Indonesia’s Digital Ecosystem

Wasis Susetio; Firman Freaddy  Busroh

doi:10.70184/5a8kc515

Authors

Wasis Susetio Faculty of Law, Universitas Esa Unggul, Jakarta, Indonesia Author
Firman Freaddy Busroh Sumpah Pemuda School of Law, Palembang, Indonesia Author

DOI:

https://doi.org/10.70184/5a8kc515

Keywords:

Digital Constitutionalism, Citizens’ Rights, Digital Ecosystem, Democratic Rule of Law, 1945 Constitution of Indonesia

Abstract

Purpose: This study examines the constitutional protection of citizens’ rights in Indonesia’s digital ecosystem by focusing on the 1945 Constitution, national digital regulations, and the role of the Constitutional Court in strengthening digital rights protection.

Research Design and Methodology: This research uses a normative legal method with statute, conceptual, case, and limited comparative approaches. The legal materials consist of the 1945 Constitution, digital governance regulations, Constitutional Court decisions, and scholarly literature, collected through library research and analysed qualitatively.

Findings and Discussion: The findings show that the 1945 Constitution provides a normative basis for protecting freedom of expression, access to information, privacy, human dignity, and non-discrimination in the digital space. However, Indonesian digital regulations remain fragmented and tend to emphasize security and state control rather than rights protection.

Implications: The study confirms that digital rights should be understood as an extension of constitutional rights. It recommends harmonizing digital regulations with constitutional guarantees, strengthening constitutional review and oversight, promoting platform accountability, and adopting a rights-oriented model of digital governance in Indonesia.