Jul 13, 2012
Undang-Undang Informasi dan Transaksi Elektronik No. 11 Tahun 2008 also called UU-ITE No. 11 Thn 2008. The utilization of information technology, media, and communication have changed behavior of both human society and civilization globally. The development of information and communication technology has also cause the relationship become the world without borders and changes the social, economic, cultural, and significantly the progress is so quickly.
Information technology at this time is a sword double-edged because of contributing to the increase prosperity, progress, human civilization, and effective means of doing against the law. When this has been born of a new legal regime that is known as “cyber law or telecommunications law”. Cyber law, is the international law term used for related utilization of information and communication technology. Likewise, the telecommunications law which is a manifestation of the convergence of media law, and legal informatics. The other term that is also used law of information technology and legal virtual world. The terms of birth because the activities carried out through a network of computer systems and communication systems in both of local and global (Internet) with technology computer-based information system which is the electronic system can be viewed virtual. Legal problems that often is relevant when faced with the delivery of information, communication, and / or transactions electronically, particularly in the case of verification and things associated with the legal act which is done through electronic system.
Electronic system is a computer system in broad sense, which not only include hardware and software computer software, but also of telecommunication network and / or electronic communication systems. Software or computer program is a set of instructions expressed in the form of language, code, scheme, or other form, which when combined with the media which can be read with a computer will be able to create computer work to perform specific functions or to achieve results that specific, including the preparation instructions are in the design.
Electronic system is also used to explain the existence of the system information which is the application of information technology-based telecommunications network and electronic media, the design work, process, analyze, display and transmit or disseminate information electronically. Information system is technically and management is actually the embodiment of the application of technology products information in a form of organization and management in accordance characteristics with the needs of the organization and appropriate with the goal. On the other hand, the information system technical and functional system is the integration between human and engine components that include hardware, software, procedures, human resources, and the substance of the information in utilization functions include input, process, output, storage, and communication.
Accordingly, the law actually has long since expand the basis for interpretation and rules when the issue material that does not exist, for example, in cases of theft of electricity as a criminal act. In fact cyber activities no longer simple because the activities are no longer limited by a territory countries, which can be easily accessed anytime and from anywhere. Losses can occur at both the actors and transactions in other people did not conduct a transaction, such as credit card theft of funds through spending on the Internet. In addition, the verification is a very important factor, considering not only accomodation electronic information can be found in the legal system in Indonesia, but also appeared very vulnerable to change, spyed, falsified, and sent to different corners of the world in a seconds. Thus, the impact can so complex and complicated.
The problems that occur more widely in the field because of civil transactions for electronic commerce activities through the electronic system (electronic commerce) has become part of national and international commerce. This fact indicates that the convergence in the field of information technology, media, and information (telecommunications) developed can continue without defense, along with the finding new developments in the field of information technology, media, and communications.
Activities through the electronic media system, also called the cyber space, although it can be considered as virtual legal actions or deeds that real. The activities on the juridical cyber space can not be approach with the size and qualifications of law if only because the conventional way that this will be too many difficulties and things that pass from the law. Activities in cyber space is a virtual activity that impact is evident although evidence of electronic equipment.
Thus, the perpetrators should be qualification as people who have committed acts of law are evident. Deep e-commerce activities, among others, recognized the existence of electronic documents position applied with documents created on paper.
Associated with it, note the security and certainty law in the utilization of information technology, media, and communications in order to develop optimally. Therefore, there are three approach to maintain security in the cyber space, namely the approach legal aspects, aspects of technology, social, cultural, and ethical. To overcome the interference in the security system electronic, imperious approach to the law because without the certainty of law, the issue of utilization of Information technology to be not optimal.