Constitutional Rights Protection in Digital Transformation: A Normative Legal Analysis

Abstract

Digital transformation has fundamentally reshaped the interaction between the state, society, and digital platforms, while simultaneously creating new challenges for the protection of citizens' constitutional rights. This study aims to analyze the effectiveness of the existing legal framework and the urgency of strengthening regulations in safeguarding constitutional rights in the digital era. The research employs a normative juridical method using statutory and conceptual approaches, supported by a literature review of scholarly sources indexed in Google Scholar from the last five years. The findings indicate that Indonesia has established a relatively comprehensive legal foundation through the 1945 Constitution of the Republic of Indonesia, Law No. 27 of 2022 on Personal Data Protection, and Law No. 11 of 2008 on Electronic Information and Transactions as amended by Law No. 1 of 2024. However, the effectiveness of these regulations remains constrained by enforcement gaps, institutional limitations, and the rapid evolution of digital technologies. Moreover, emerging risks such as personal data breaches, digital surveillance, and technological inequality highlight the urgency of strengthening regulatory frameworks that are more adaptive and human rights-based. The study concludes that a digital constitutionalism approach is essential to ensure that constitutional rights protection remains effective amid ongoing digital transformation.