Digital Rights as Human Rights: Rethinking Constitutional Guarantees in the Digital Era

DOI

10.2991/978-2-38476-505-8_24How to use a DOI?

Keywords

digital rights; human rights; constitution; digital transformation; personal data protection

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.

Copyright

© 2025 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

Download article (PDF)

TY  - CONF
AU  - Safi Safi
AU  - Zilda Khilmatus Shokhikhah
PY  - 2025
DA  - 2025/12/12
TI  - Digital Rights as Human Rights: Rethinking Constitutional Guarantees in the Digital Era
BT  - Proceedings of the 7th Open Society Conference 2025 (OSC 2025)
PB  - Atlantis Press
SP  - 300
EP  - 308
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-505-8_24
DO  - 10.2991/978-2-38476-505-8_24
ID  - Safi2025
ER  -