By SITI YUNIARTI (July 2026)

This article is the sixth series on Law and Technology. The topic “Humans and digital identity: representation of legal subjects in the digital space” is one of the sub-chapters of an oration entitled “Law in the Relationship between Humans and Technology: Identity, Action, and Digital Footprints,” delivered by the author at the 15th Anniversary of BINUS Business Law on June 6, 2026, held at the BINUS Kijang Campus, Kemanggisan.

*What’s in a name? That which we call a rose by any other name would smell as sweet.* A short dialogue from William Shakespeare’s Romeo and Juliet affirms that the essence or true nature of someone or something is more important than the label or name behind it. In law, however, a name is not merely an appellation. A name is one of the means through which the law recognizes a human being as a subject. The administrative action of the state in registering a name transforms a human being into an individual possessing a legal identity. This constitutes part of human rights, affirming that everyone has the right to recognition everywhere as a person before the law.

A name is the simplest form of human identity. Yet, in essence, identity is not simply about “who you are.” James D. Fearon distinguishes identity as a social category and as a personal characteristic. In the first sense, identity relates to the categorization of an individual based on specific labels and attributes. In the second sense, identity pertains to features deemed essential to the way an individual understands oneself. Therefore, while a name is part of identity, a name does not always establish identity within electronic systems.

Have the elements that represent an individual as an identity undergone changes in the digital society? Anonymity, as a characteristic of individual interaction through electronic systems, serves as a fundamental foundation in answering this question. Anonymity stands in contrast to authority over access. Access acts as the gateway to diverse actions across devices and applications. Consequently, within the context of the Electronic Information and Transactions Law (UU ITE), digital identity necessitates control by the legal subject associated with that identity.

An individual’s personification is shaped by “what you have” and “what you do.” Patterns illustrate the personification of an individual. In other words, digital identity is understood as a complex concept, not merely as a physical identity transferred into digital form. Simple activities such as opening an application, sending a message, conducting a transaction, uploading a photograph, clicking an approval button, changing locations, or merely pausing longer on a particular screen display can turn into data. Such data does not stand alone; it is combined, analyzed, profiled, and used to construct a depiction of a person. In digital relations, humans are recognized through data that is continuously generated, gathered, retained, and processed by systems. At this juncture, privacy acquires a deeper meaning than mere confidentiality or the administrative protection of personal data.

Data generated by humans through their interactions with electronic systems subsequently forms identities and footprints. Digital identity emerges through accounts, electronic addresses, telephone numbers, electronic signatures, biometrics, electronic certificates, user profiles, transaction histories, ratings, and various other markers that allow a person to be recognized by a system. At the same time, every digital action leaves a trace: access logs, metadata, timestamps, transaction records, locations, and communication histories. These traces can assist the law in understanding what transpired, but they can also give rise to new problems, as humans risk being judged, not only in the context of privacy, but also because such traces do not necessarily reflect or represent the individual’s own will or control. (***)

This article is a translation of the following Indonesian article: https://business-law.binus.ac.id/2026/07/31/manusia-dan-identitas-digital-representasi-subjek-hukum-dalam-ruang-digital/