Urgensi Reinterpretasi Pasal 33 UUD 1945 di Era Digital
The digital era has brought about significant changes in various aspects of life, including the legal sector. One of the legal provisions that need to be reinterpreted in this digital era is Article 33 of the 1945 Constitution of the Republic of Indonesia. This article, which regulates the control of the state over the earth, water, and natural resources contained therein, is considered to have not accommodated the development of digital technology. Therefore, the urgency of reinterpretation is increasingly felt.
The Current Interpretation of Article 33 of the 1945 Constitution
Article 33 of the 1945 Constitution is a reflection of the economic democracy concept, where the state has control over important sectors for the welfare of the people. The interpretation of this article so far has been limited to the control of natural resources, such as mining, forestry, and fisheries. However, the rapid development of digital technology has brought new challenges that require a broader interpretation of this article.
The Challenges of the Digital Era
The digital era has brought about a new form of resources, namely digital resources. These include data, information, and digital platforms that have high economic value. The control of these digital resources is currently dominated by large technology companies, both domestic and foreign. This condition potentially leads to digital inequality, where the majority of the benefits of digital resources are enjoyed by a handful of parties. Therefore, the reinterpretation of Article 33 of the 1945 Constitution is needed to ensure that digital resources can be controlled by the state and used for the welfare of the people.
The Urgency of Reinterpretation
The reinterpretation of Article 33 of the 1945 Constitution is urgent for several reasons. First, it is to accommodate the development of digital technology and its implications for economic life. Second, it is to ensure the principle of economic democracy in the digital sector. Third, it is to prevent digital inequality and ensure that the benefits of digital resources can be enjoyed by all elements of society. Lastly, it is to provide a legal basis for the state to regulate and control digital resources.
The Direction of Reinterpretation
The reinterpretation of Article 33 of the 1945 Constitution should be directed at expanding the scope of state control to include digital resources. This means that the state has the authority to regulate and control the use of data, information, and digital platforms. The state also has the responsibility to ensure that digital resources are used for the welfare of the people, not just for the benefit of certain parties. This reinterpretation will provide a strong legal basis for the state to implement digital sovereignty.
In conclusion, the reinterpretation of Article 33 of the 1945 Constitution in the digital era is an urgent need. It is a step to accommodate the development of digital technology and to ensure the principle of economic democracy in the digital sector. By reinterpreting this article, the state will have a legal basis to regulate and control digital resources, thereby preventing digital inequality and ensuring that the benefits of digital resources can be enjoyed by all elements of society.