WEAKNESSES OF THE DIGITAL SURVEILLANCE SYSTEM AT BPJS KESEHATAN WHICH RESULT IN POTENTIAL ABUSE OF POWER

Abstract

The development of information technology has encouraged the state to utilize digital systems. This study aims to analyze why the weakness of digital surveillance has the potential to cause abuse of power by the state and have an impact on the shift in the principle of Rechtsstaat in Indonesia, as well as examine the implementation of state power restrictions in the implementation of digital surveillance to ensure the protection of citizens' privacy rights. The research uses normative juridical methods with a statutory approach and a conceptual approach. The legal materials used consist of primary legal materials in the form of "the 1945 Constitution of the Republic of Indonesia, Law Number 27 of 2022 concerning Personal Data Protection, and Government Regulation Number 71 of 2019, as well as relevant secondary and tertiary legal materials." The analysis was carried out qualitatively by drawing conclusions deductively. The results of the study show that weak digital surveillance can open up opportunities for abuse of authority and abuse of access to citizens' personal data. This condition is contrary to the principles of Modern Constitutionalism and Rechtsstaat which places the law as an instrument limiting state power. The BPJS Kesehatan data leak case shows weaknesses in information security governance and supervision mechanisms for personal data management that have the potential to threaten people's privacy rights. Therefore, it is necessary to strengthen supervision, transparency, accountability, and cybersecurity to ensure that digital surveillance practices remain in line with the principles of the rule of law and the protection.