Perlindungan Hukum Korban Non-Consensual Intimate Images (NCII) melalui Right to be Forgotten dalam Sistem Hukum Indonesia

Abstract

The development of information and communication technology has given rise to various forms of digital-based crimes, one of which is Non-Consensual Intimate Images (NCII), namely the distribution or publication of an individual's intimate content without consent. NCII is a form of privacy violation that causes serious impacts on victims, such as psychological distress, reputational damage, social stigma, and the loss of control over personal data and digital identity. In Indonesia, NCII can be categorized as a form of Electronic-Based Sexual Violence (KSBE), which has gained legal recognition through Law Number 12 of 2022 concerning the Law on Sexual Violence Crimes (UU TPKS). However, legal protection for victims still faces various obstacles, particularly regarding the removal of content that has spread in the digital space. This study aims to analyze the legal protection regulations for NCII victims within the Indonesian legal system and to examine the implementation of the Right to be Forgotten (RTBF) as an instrument for privacy rights protection and victim recovery. This study utilizes a normative juridical method with statutory and conceptual approaches. The results indicate that the protection of NCII victims has been regulated in the UU TPKS, the ITE Law, and the Personal Data Protection Law. However, the regulations remain general and have not specifically governed the mechanism for handling NCII. The implementation of RTBF has the potential to provide protection through the removal of content that harms victims, but its effectiveness is still hindered by complex procedures, the limited accountability of digital platforms, and cross-jurisdictional challenges. Therefore, it is necessary to strengthen regulations and implement a more effective RTBF mechanism that is oriented toward victim recovery.