PROBLEMATIKA FORMULASI HAK KEBERATAN ATAS KEPUTUSAN OTOMATIS DALAM PP NOMOR 33 TAHUN 2026: PERSPEKTIF KEPASTIAN HUKUM DAN AKUNTABILITAS ALGORITMIK

Abstract

This study aims to analyze the formulation of the right to object to decisions based on automated processing under Government Regulation Number 33 of 2026, particularly in assessing the degree of legal certainty and algorithmic accountability afforded to personal data subjects. The research employs a normative legal method using statutory and conceptual approaches. Legal materials are analyzed qualitatively, prescriptively, and argumentatively through grammatical, systematic, and teleological interpretation. The findings show that the regulation has advanced the protection of personal data subjects by operationalizing the objection mechanism against automated decisions. However, several issues remain concerning the scope of fully automated decisions, the meaning of significant effects, the standard of adequate information, the quality of human intervention, and the obligation to provide reasons for rejecting objections. These ambiguities may reduce the ability of personal data subjects to understand, challenge, and obtain correction of algorithmic decisions. The study concludes that stronger normative standards are required through clearer indicators of significant effects, meaningful explanations, substantive human review, and verifiable reasons for rejection so that the right to object functions not merely as a procedural safeguard but as an effective guarantee of legal certainty and algorithmic accountability