State Control of Economic Digital Resources as a Living Constitution in Indonesia

Abstract

The Constitution is pivotal in regulating the national economic system as the supreme law of the nation. It must accommodate the development of the digital economy in the era of globalization to ensure Indonesians’ prosperity. This article proposes a new interpretation of state control of digital economic resources, given that the constitution has thus far been limited to controlling natural resources. The article uses a normative legal research approach to analyse the constitutional norms that are hermeneutically interpreted. The current constitutional norm, which limits state control to natural resources such as the earth, water, and the wealth contained therein, requires revision considering the rapid development of digital technology. It is necessary to broadly interpret these constitutional norms, extending them to include the wealth of digital space, specifically personal data. This interpretation is a crucial step in ensuring the upholding of the Indonesian nation’s digital sovereignty, particularly in the evolution of the constitution. This interpretation also protects against the negative impacts of technological progress, including data colonialism, monopoly, and national security threats. These contradict Pancasila’s national economic philosophy, democracy, and economic democracy. Therefore, a constitution that is adaptive to the digital economy must provide a reference point for the state in constitutionalizing all political, social, and digital economic policies. The purpose is to protect citizens' digital rights, improve people's welfare, and strengthen state sovereignty in the digital era while protecting against the threat of technological capitalism-liberalism.