ANALISIS YURIDIS PENGATURAN RIGHT TO BE FORGOTTEN DALAM PERLINDUNGAN KORBAN CYBERPORNOGRAPHY DI INDONESIA

Abstract

Digital transformation has intensified cyberpornography, particularly the non-consensual dissemination of intimate images and other sexual content that violates the privacy, dignity, and personal data of victims. In this context, the Right to be Forgotten (RtBF) is a crucial legal instrument for victim recovery because digital traces may remain accessible, replicable, and searchable long after the initial offense. This study aims to analyze the synchronization of RtBF regulation in Indonesian positive law and to formulate a responsive enforcement model for protecting cyberpornography victims. This research uses normative juridical method with statutory, conceptual, and comparative approaches. Primary legal materials include the Electronic Information and Transactions Law, Government Regulation Number 71 of 2019, the Personal Data Protection Law, the Pornography Law, and Russian Federal Law Number 149-FZ as amended by Federal Law Number 264-FZ of 2015. The analysis shows acute disharmony between the EIT Law regime, which requires a court order for deletion or de-indexing, and the Personal Data Protection Law regime, which recognizes a self-executing right to erasure. This dualism weakens legal certainty and prolongs victimization. The study proposes reconstruction through the removal of the judicial precondition, the consolidation of erasure mechanisms under the Personal Data Protection Law, the establishment of a one-stop fast-track takedown mechanism within the Personal Data Protection Authority, and strict liability for Electronic System Operators that fail to remove unlawful intimate content promptly.