The development of digital technology has had a profound influence on fundamental rights, including the freedom to express oneself and the ability to access information. Lawmakers must adapt to digital rights and digital citizenship by creating revised rules and regulations. The internet is crucial for information and communication, contributing to the global economy and promoting citizen participation. However, restricting access to the internet limits human rights, especially information freedom. This study investigates the extent of the Indonesian Government’s power to restrict internet access in 2019, with a specific focus on the legal frameworks of both international and domestic law, as well as the implications for human rights and freedom of information. The government has enacted its policy through the implementation of multiple legislative measures, such as the 1945 Constitution, the Law of Human Rights 1999, the Law of Communication 1999, and the Law of Information and Electronic Transaction 2016. The right to freedom of information can be restricted as a derogable right, and the government must meet conditions laid down by Article 19 paragraph (3) of the International Convention on Civil and Political Rights (ICCPR).

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The State Authority to Limit Citizens’ Digital Rights by Restricting Internet Access

  • Nanik Prasetyoningsih,
  • Tri Hastuti Nur Rochimah,
  • Nanda Rinadi Istiqomah

摘要

The development of digital technology has had a profound influence on fundamental rights, including the freedom to express oneself and the ability to access information. Lawmakers must adapt to digital rights and digital citizenship by creating revised rules and regulations. The internet is crucial for information and communication, contributing to the global economy and promoting citizen participation. However, restricting access to the internet limits human rights, especially information freedom. This study investigates the extent of the Indonesian Government’s power to restrict internet access in 2019, with a specific focus on the legal frameworks of both international and domestic law, as well as the implications for human rights and freedom of information. The government has enacted its policy through the implementation of multiple legislative measures, such as the 1945 Constitution, the Law of Human Rights 1999, the Law of Communication 1999, and the Law of Information and Electronic Transaction 2016. The right to freedom of information can be restricted as a derogable right, and the government must meet conditions laid down by Article 19 paragraph (3) of the International Convention on Civil and Political Rights (ICCPR).