Kemunduran Demokrasi Digital: Ketika Media Sosial Berubah Dari Ruang Publik Menjadi Ruang Pengawasan

Abstract

Social media was once regarded as an extension of the public sphere in which citizens could participate, criticize, and hold power to account. Recent regulatory developments and governance practices, however, suggest a shift from a space of deliberation to a space of surveillance that may generate a chilling effect and erode democratic quality. This study analyzes (1) how constitutional and human rights frameworks protect freedom of expression and privacy online, (2) how Indonesian positive law enables surveillance and restriction of citizens' social media activity, and (3) whether those instruments satisfy the tests of legality, legitimate aim, necessity, and proportionality. Using a normative juridical method with statutory, conceptual, and case approaches, the study analyzes primary, secondary, and tertiary legal materials prescriptively and qualitatively. The findings show that constitutional and international guarantees are adequate, yet operational norms in the Electronic Information and Transactions Law, the regulation on private electronic system operators, and the Personal Data Protection Law still contain broadly interpretable provisions, strong administrative powers, and weak independent oversight. Constitutional Court Decision No. 105/PUU-XXII/2024 is an important corrective, but it does not resolve the structural problem of digital surveillance. The study recommends strict restriction standards, judicial authorization for data access and access blocking, transparent content governance, and an independent oversight body.