Teknologi dan Perlindungan Hak Asasi Manusia dalam Keadaan Darurat Di Indonesia

Abstract

The rapid development of digital technology has significantly influenced governance and the protection of human rights (HR), particularly during states of emergency such as pandemics, natural disasters, or national security crises. On one hand, technology contributes greatly to fulfilling the rights to health, access to information, and public services. On the other hand, its implementation often raises legal issues concerning privacy protection, freedom of expression, and potential misuse of personal data by the state or private entities. This situation creates a dilemma between maintaining public order and ensuring the state’s obligation to uphold human rights. This research addresses three main questions: (1) What is the role of technology in supporting human rights protection in Indonesia during states of emergency? (2) What legal challenges arise from the use of technology concerning human rights? and (3) What legal approach is ideal to balance emergency needs and human rights protection? This study employs a normative juridical method with statutory, conceptual, and comparative approaches. The data are collected through a literature review of primary legal sources, including the 1945 Constitution of the Republic of Indonesia, Law No. 39 of 1999 on Human Rights, Law No. 11 of 2008 on Electronic Information and Transactions (ITE), Law No. 27 of 2022 on Personal Data Protection (PDP), and international legal instruments such as the International Covenant on Civil and Political Rights (ICCPR).