Protecting Human Dignity in Cyberspace: The Right to be Forgotten as a Legal and Socio-Islamic Transformation in Indonesian Higher Education

Abstract

One form of sexual violence in higher education involves the use of social media, where perpetrators spread sexually explicit photos or videos, often exploiting power dynamics. Such acts not only pose threats but also leave a detrimental digital footprint for the victims. The “Right to be Forgotten” offers victims the ability to erase these digital traces from cyberspace as a concrete measure to protect them from the impacts of such violence. The aim of this study is to explore and analyze the concept of the Right to be Forgotten in addressing sexual violence through cyberspace in higher education settings, bridging positive criminal law with Islamic legal philosophy. This research employs a normative juridical method. The findings highlight the crucial need to implement the Right to be Forgotten for victims by removing their digital traces. This legal measure strongly aligns with both the Indonesian criminal justice framework (such as the ITE Law and Sexual Violence Crimes Law) and the contemporary Islamic principle of Maqasid al-Shariah, specifically Hifz al-Irdh (the protection of human dignity and honor). Furthermore, the study emphasizes the government's readiness to implement this right through appropriate regulations and law enforcement mechanisms that foster social transformation, focusing on the legal protection of victims and human rights.