Indonesia’s Digital Education: Innovation and State Responsibility -By Joejoen Tjahjani, Ja’far Shodiq, And Zahwa Syakilah

Education has undergone a significant digital transformation through Artificial Intelligence (AI), big data, and online learning (e-learning). The use of these technologies has become an essential component in supporting modern educational activities, changing the way people acquire, manage, and disseminate knowledge. The teaching and learning process is no longer limited to physical classrooms, but has shifted to the digital space through the use of artificial intelligence (AI), cloud computing, and 5G networks, which enable real-time learning interactions. These changes have not only expanded access to education but also created new challenges for protecting citizens’ basic rights, particularly the right to education and the security of personal data. These developments emphasize that the right to education in the digital era is not only about guaranteeing access to learning but also about protecting the security of students’ data and activities in the digital space.

The Indonesian government has responded to these global dynamics through technology-based education policies, including the implementation of the Independent Curriculum and the Independent Learning-Independent Campus (MBKM) program, currently regulated by Minister of Education, Culture, Research, and Technology Regulation No. 53 of 2023 concerning Higher Education Quality Assurance. This policy emphasizes collaboration between universities and industry, technology-based research, and online collaborative learning. An example is the digital learning system at Universitas Terbuka (UT), which has adopted a cloud-based Learning Management System (LMS). However, the implementation of the education digitalization policy has not fully guaranteed the fulfillment of citizens’ constitutional rights to education. Infrastructure gaps, weak digital literacy, and unequal access to technology across various regions indicate that technological progress has not been accompanied by equitable distribution of educational justice.

Furthermore, digital transformation in education has also given rise to new constitutional issues that require serious attention. First, the digital divide between urban and rural areas remains high, a gap that causes unequal access to digital education. Second, low digital competence and literacy among educators and students leads to less than optimal utilization of educational technology. Third, threats to the security of academic data and the authenticity of digital diplomas are becoming increasingly crucial issues, given the still weak legal protection of academic data and educational outcomes. This phenomenon emphasizes that the digitalization of education is not only a technological issue, but also a constitutional issue related to the state’s obligation to protect the basic rights of citizens in the digital space.

The transformation of digital education in Indonesia is inseparable from the dominant role of global and national technology companies, which now control online learning infrastructure, academic management systems, and student data storage. Global technology companies such as Google and Microsoft, as well as local platform providers like Ruangguru, have become key actors in determining the direction and model of educational digitalization. In practice, these companies have even taken over some functions previously under the authority of the state, such as providing learning systems and managing academic data. This heavy dependence on technology platforms has the potential to raise constitutional issues related to the shift in state responsibility as the primary guarantor of citizens’ educational rights. This signals a serious challenge to state sovereignty in the field of education, as control over educational systems and data is increasingly shifting into the hands of digital corporations.

This situation demonstrates that the digitalization of education is not only related to the utilization of technological advances, but also concerns the issue of digital sovereignty, the protection of citizens’ constitutional rights, and the responsibility of the rule of law to ensure educational justice. In this context, efforts are needed to constitutionalize digital (digital constitutionalism), namely strengthening constitutional principles in technology-based education governance so that the digitalization process remains within the framework of a rule of law that guarantees rights, equal access, and legal protection for all citizens. With this background, this study focuses on a normative analysis of citizens’ constitutional rights in the digitalization of education and the challenges of technology companies’ dominance on state sovereignty in the education sector.

The dominance of technology companies in education could conflict with the principles of the rule of law and the protection of constitutional rights if the state fails to regulate, control, and guarantee the right to education that is fair, equal, and free from commercial exploitation. However, the presence of various digital products also opens up opportunities to strengthen the implementation of citizens’ constitutional rights through the application of the principle of digital constitutionalism in the national education system. The constitution is not weakened, but rather demands adjustments to remain relevant to technological developments. Efforts to constitutionalize citizens’ rights against the challenges of technology company dominance are a crucial step to ensure that the digitalization of education proceeds within legal boundaries that uphold the values of justice, equality, and state sovereignty. By strengthening regulations, protecting academic data, and developing a digital education security framework, the state can reaffirm its constitutional role as the primary protector of citizens’ rights. Thus, the digitalization of education is no longer a threat to the supremacy of the constitution, but rather a strategic instrument in strengthening citizens’ constitutional rights in the technological era.