E – CONSTITUTION: THE MEANING OF CONSTITUTION IN DIGITAL DEMOCRACY IN INDONESIA

Abstract

This paper aims to analyze the Indonesian Constitution in digital development. The constitution is the backbone of the implementation of democracy. The implementation of democracy in recent times has also been affected by digital developments. Freedom of speech as the core of democracy is not only implemented in old media such as mass media, but also through digital tools such as social media. With various problems, freedom of speech in social media and other digital media is also threatened, although it is protected by the Constitution. The Indonesian Constitution was written and drafted at a time far from the birth of digital technology. This anachronism requires that the constitution be adapted to digital developments. The adaptation of the constitution to the digital world can be called e-constitution. This e-Constitution must be distinguished from the digitization of legal instruments such as e-KTP or e-Government services. E-Constitution is constitutional sovereignty in the digital world. The writing of this article uses normative research with a reflective approach. The results of the discussion in this paper led to three conclusions. First, the 1945 Constitution was formed long before the development of digitalization. Second, digitalization together with democracy is developing very dynamically, so the constitution needs to be relevant to various changes. Third, the Constitutional Court is a living constitution, which has the role of guardian and interpreter of the constitution. The Constitutional Court must make decisions that remain in favor of constitutional values and remain adaptable to the development of democracy and digitalization.