Settings On The Search Index Deletion Mechanism In Order To Ensure Legal Certainty

Abstract

The digital transformation in Indonesia has triggered fundamental changes in social and economic structures, but in parallel, it has given rise to the risk of permanent negative digital footprints that are destructive to human dignity, as confirmed in the case of the online loan data leak (the case of Indra and Aishah). The main legal problem lies in the existence of incomplete norms and regulatory disharmony between the judicial approach in the ITE Law (PP PSTE 71/2019), which requires a court ruling, and the administrative-autonomous paradigm in the PDP Law 27/2022. This study uses a normative legal method through a statute approach, a conceptual approach, and a comparative approach with prescriptive-analytical analysis techniques. The results show that the current judicial mechanism triggers "Absolute Segregation of Justice" due to cost barriers reaching 16 months of the minimum wage (UMP) and systemic delays (WJP score of 0.52). This study formulates a reconstruction of the mechanism through the transfer of authority from the judiciary to an independent PDP Supervisory Agency. This reconstruction is based on the ethical justification of data subject sovereignty and the application of the Balancing Test procedure through a transparent variable combination matrix. The study's conclusion confirms that the transformation to an administrative pathway is a legal imperative to address the compliance trap for ESOs and ensure legal certainty and the effective and efficient rehabilitation of data subjects' reputations in the era of surveillance capitalism.