Criminal Law Reform in Addressing Electronic Transactions Offense in Indonesia


 
 
 
 
 
 
 
 
 
 
 
 This study explores the legal challenges and implications of virtual land sales through the metaverse in the context of Indonesia's digital era 5.0, focusing on consumer protection and the prevention of digital crimes. The primary aim is to analyze the legal framework governing these transactions and assess their conformity with the principles of valid contracts under Indonesian civil law. Employing a normative research methodology, the study evaluates existing regulations and legal literature to understand the current legal landscape. The findings reveal a lack of specific legislation in Indonesia regarding virtual land transactions in the metaverse, categorizing them under general electronic transactions governed by the Electronic Information and Transactions Law. Despite this, these transactions generally meet the legal requirements of a valid contract in Indonesian civil law, such as mutual consent, competency, a specific object, and a lawful cause. However, the study underscores the need for specific regulations to provide legal clarity and enhanced protection for parties involved in virtual land sales, considering the unique and virtual nature of the transaction objects. The research concludes with a call for international collaboration to contribute to the development of a balanced and contemporary global legal framework for metaverse transactions.
 Highlights:
 
 Absence of Specific Legislation: Current Indonesian laws do not specifically address virtual land sales in the metaverse, creating legal ambiguity.
 Electronic Transaction Classification: Virtual land sales are generally governed by Indonesia's Electronic Information and Transactions Law, aligning them with other electronic transactions.
 Need for Enhanced Legal Protection: Given the unique nature of virtual transactions, there is a significant need for specific regulations to ensure legal clarity and protect the rights of parties involved.
 
 Keywords: Metaverse, Virtual Land Sales, Indonesian Law, Electronic Transactions, Legal Framework
 
 
 
 
 
 
 
 
 
 
 

Introduction: Freedom of expression in the digital era without any restrictions indirectly triggers the spread of fake news. The freedom to spread news or broadcasts often transcends legal, cultural and religious boundaries. Therefore, fake news is used as a tool to attack honor and bring down the good name of a person or group.Purposes of the Research: This research aims to analyze criminal and civil law regulations related to the spread of fake news in the digital era in Indonesia.Methods of the Research: Through normative legal research methods, this study examines various relevant regulations, including the Criminal Code, Civil Code, and Electronic Information and Transaction Law.Results Main Findings of the Research: The results of the study show that both criminal and civil laws already have mechanisms to overcome the spread of fake news. In the criminal realm, sanctions are given to perpetrators who spread fake news with a wide impact, such as inciting riots or violating human rights. Related articles in the Criminal Code and the Electronic Information and Transaction Law, such as Article 160 of the Criminal Code and Article 28 paragraph (3) jo. Article 45A paragraph (3) of the Electronic Information and Transaction Law, provides a strong legal basis. Meanwhile, civil law allows aggrieved individuals to claim compensation through the concept of unlawful acts in the Civil Code. A comparison between criminal and civil law shows that these two systems are complementary: criminal law focuses on providing a deterrent effect and protecting the public interest, while civil law places more emphasis on the recovery of individual losses. While existing regulations are adequate to deal with the spread of fake news, increased legal awareness in the community, stronger law enforcement, and more effective prevention mechanisms are needed to deal with the challenges in this digital age.

Introduction to The Problem: Misinterpretation in the application of the Electronic Information and Transaction Law (ITE) can reduce democracy and undermine law enforcement in Indonesia. The complexity of the problems related to the Electronic Information and Transaction Law requires solutions to prevent and prevent problems with the Electronic Information and Transaction Law. Departing from the problems posed by the Electronic Information and Transaction Law, Indonesian still need a lot of work to overcome a degrading freedom of expression. We proposed the renewal by making a conceptual design and prototype, namely the E-Hights (Electronic Human Rights) application to overcome those problems. Purpose/Objective Study: This study is to examine the relationship between the constitution and laws and regulations governing freedom of expression through social media, as well as to examine how the use of a website-based application called E-Hights (Electronic Human Rights) guarantees the implementation of this freedom. expression while minimizing violations of laws governing electronic information and transactions. Design/Methodology/Approach: This research is normative legal research supported by secondary data in the form of primary and secondary legal materials. Findings: There are not a few problems in the implementation of the Electronic Information and Transaction Law, the existence of a rubber article in the Electronic Information and Transaction Law which creates multiple interpretations in law enforcement in Indonesia. This multi-interpretation rubber article has an impact on people's freedom of expression. According to research by the Indonesian Judicial Research Institute, the Electronic Information and Transaction Law is a tool to silence freedom of expression. Thus, this can affect democracy in Indonesia, or it could be said that the Electronic Information and Transaction Law makes people afraid to voice their aspirations to the special government. Therefore, the authors offer a solution that is realized in a web-based application. Paper Type: Research Article or General Review.

Objective: This research aims to analyze the application of criminal law in the Law of the Republic of Indonesia Number 1 Year 2024 on Electronic Information and Transactions related to the eradication of hoaxes, as well as examine its impact on the development of national information security in Indonesia in accordance with SDG 9, namely National information security involves the development of a resilient and secure information and communication technology (ICT) infrastructure. Using a juridical-empirical approach, this research uses primary data through interviews with law enforcement officials and information technology experts, as well as secondary data from legal documents and literature studies. Theoretical Framework: This research draws on various concepts of criminal law, information technology, and national information security. This multidimensional approach includes legal theory, communication theory, and national resilience theory to provide a more holistic understanding of the implementation of the criminal law of the Law of the Republic of Indonesia on Electronic Information and Transactions related to the eradication of hoaxes in the eradication of hoaxes and their impact on information resilience in Indonesia. Method: This research uses Qualitative data with a Normative Juridical Approach, the type of research is analytical to evaluate the effectiveness of the implementation of the Electronic Information and Transaction Law in eradicating hoaxes, secondary data including laws and regulations, academic literature and scientific journals related to criminal law, hoaxes, and national information security. Data collection techniques are literature studies, interviews, observations, and concrete case studies of the spread of hoaxes that are handled using the Law of the Republic of Indonesia Number 1 of 2024 concerning Information and Electronic Transactions. Results and Discussion: The implementation of the Criminal Law of the Republic of Indonesia Law No. 1 of 2024 on Electronic Information and Transactions against Hoax Eradication is a significant legal instrument in dealing with the spread of hoaxes in Indonesia. National information security is highly dependent on people's digital literacy, the speed of government response, and cooperation with digital platforms in tackling the spread of false information. Efforts and strategies are needed to revise the Law of the Republic of Indonesia No. 1 of 2024 on Electronic Information and Transactions to clarify the definition of articles that have multiple interpretations and provide clearer implementation guidelines for law enforcement officials. Research Implications: Theoretical Implications i.e. These findings expand the understanding of the relationship between the implementation of criminal law and the concept of national information security, so that it can serve as a foundation for further research in the field of cyber law and digital literacy. Practical Implications: Law enforcement officials can use the findings of this study as a reference to improve the approach to investigation, legal proof, and the application of sanctions against hoax perpetrators. Originality/Value: This research makes a unique contribution by deeply evaluating the challenges of multiple interpretations in certain articles of Law of the Republic of Indonesia Number 1 Year 2024 on Electronic Information and Transactions and their impact on the effectiveness of law enforcement, which has not been widely discussed in previous studies.

Through the Understanding of the Crime of Electronic Transactions in Law No. 19 of 2016 concerning Electronic Information and Transactions, any inappropriate actions in carrying out electronic transaction activities are very important in ensuring legal certainty. Until now, there is no legal uncertainty regarding electronic transaction behavior which is a big problem in the process of national and state activities. Through service activities with dedication techniques providing a thorough understanding and indicators of service results in the form of a questionnaire, it is hoped that the implementation process of the service can provide the best benefits for the implementation of community service activities and the process of higher education tridharma. This can be an indicator of the implementation of service which is not just a formality but also contributes to the enforcement of justice for the community. Based on the results of the service, it was found that the participants' awareness of the situation appeared to be a problem in order to utilize the information technology used appropriately. However, such awareness certainly needs provisioning in the field of appropriate invitation regulations so that the existing understanding will appear comprehensive referring to Law No. 19 of 2016 concerning Electronic Information and Transactions.
 
 Through the Understanding of the Crime of Electronic Transactions in Law No. 19 of 2016 concerning Electronic Information and Transactions, any inappropriate actions in carrying out electronic transaction activities are very important in ensuring legal certainty. Until now, there is no legal uncertainty regarding electronic transaction behavior which is a big problem in the process of national and state activities. Through service activities with dedication techniques providing a thorough understanding and indicators of service results in the form of a questionnaire, it is hoped that the implementation process of the service can provide the best benefits for the implementation of community service activities and the process of higher education tridharma. This can be an indicator of the implementation of service which is not just a formality but also contributes to the enforcement of justice for the community. Based on the results of the service, it was found that the participants' awareness of the situation appeared to be a problem in order to utilize the information technology used appropriately. However, such awareness certainly needs provisioning in the field of appropriate invitation regulations so that the existing understanding will appear comprehensive referring to Law No. 19 of 2016 concerning Electronic Information and Transactions.
 
 Keywords: Understanding, criminal acts, and electronic transactions

This research is to analyze freedom of expression in the digital era in Indonesia and to analyze the problems of the Electronic Information and Transaction Law regarding freedom of expression in Indonesia. The research method used in this research is library research. In this study, the authors used a qualitative research approach. A qualitative research approach allows researchers to explore and analyze issues related to freedom of expression in the digital era in greater depth. This research uses SWOT analysis to identify strengths, weaknesses, opportunities and threats that are relevant in the context being studied through documents related to freedom. expression and the ITE Law in Indonesia. Analyzing data by identifying the main themes or finding patterns that appear in relevant journals or articles. The results of this research explain how important freedom of expression is in the digital era which has the potential to be a force for society in conveying opinions and views openly and freely. This can strengthen democracy and generate constructive criticism of government policies, as well as the policies of other institutions. freedom of expression by utilizing advances in digital technology in the current digital era provides opportunities for the community to maximize its role as government control. Freedom of opinion in the digital era is also regulated by Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Information and Electronic Transactions which provide further protection for privacy and user personal data in the digital era.

The rapid development of information technology has had a significant impact on various aspects of life, including the emergence of various forms of increasingly complex cybercrime. Cybercrime includes various illegal acts carried out through the internet network including personal data theft, dissemination of hoax information, hacking, and digital-based financial crimes. In Indonesia, the Electronic Information and Transactions Law (UU ITE) serves as the main instrument in regulating and prosecuting cybercrimes. Criminal law plays an important role in imposing sanctions on cybercrime perpetrators and providing legal protection for the community. However, in its implementation, law enforcement against cybercrime faces various challenges, such as the weak capacity of law enforcement officers, limited regulations that are adaptive to technological developments, and jurisdictional issues in handling cross-border cybercrime. This study aims to analyze the role of criminal law in dealing with cybercrime through the Electronic Information and Transactions Law (UU ITE) and identify the challenges faced in the enforcement process. This study uses a normative research method with a statute approach and a case approach. The legislative approach examines various regulations governing cybercrime in Indonesia, particularly the Electronic Information and Transactions Law (UU ITE) and other related provisions. Meanwhile, the case study approach analyzes several resolved cybercrime cases in Indonesia to evaluate the practical effectiveness of criminal law enforcement. The findings of this research are expected to provide a more comprehensive understanding of criminal law effectiveness in addressing cybercrime, as well as offer recommendations for enhancing regulatory efficacy and law enforcement practices in Indonesia.

The purpose of this study is to analyze the urgency of adopting the Convention on Cybercrime in changing Law no. 11 of 2008 concerning Information and Electronic Transactions focuses on forms of legal protection against cybercrime before and after the passage of the Electronic Information and Transaction Law (UU ITE) and the urgency for ratification of The Convention on Cybercrime in Indonesia. In this study using a type of normative research. Based on the results of this study it is known that the Urgency of Adopting the Convention on Cybercrime in Amending Law No. 11 of 2008 concerning Information and Electronic Transactions, especially the form of legal protection against cybercrime before and after the passage of the Electronic Information and Transaction Law and the urgency of ratifying The Convention on Cybercrime in Indonesia, so that in cases of cybercrime or Cybercrime in Indonesia. Based on the provisions of the Convention on Cybercrime, cybercrime offenses are generally regulated in the convention. However, every country is given the opportunity to develop and adapt to the needs of that country without putting aside the interests of the international community. Therefore, the law used is neutral, and the form of punishment regulated in the Convention on Cybercrime is a minimum standard provision. If adopted,The urgency of adopting the norms of the Convention on Cybercrime in changing Law no. 11 of 2008 concerning Information and Electronic Transactions is to complement the weaknesses of the Act regarding international cooperation.This of course can make it easier for the Indonesian government to tackle cyber crime through international cooperation mechanisms.

Crimes occur in many ways, one of them in the context of elections in Indonesia. The potential crimes perpetrated by political party supporters in various areas of Indonesia whose law enforcement is not working to the maximum is one of the problems. The problem in this study is first, how do legal provisions relate to law enforcement against electoral crimes in Indonesia? Secondly, the problem of law enforcement against electoral crimes in Indonesia? Third, reconstruction of law enforcement against electoral crimes in Indonesia? The aim of this research is to determine the regulation and legal analysis of the forms of crime black campaigns in accordance with the law. This research uses normative law research with secondary data and processes data from primary, secondary, and tertiary legal materials. The results of the first study are that the legal provisions for electoral offences in Indonesia are regulated in the Law Number 7 of 2017, Criminal Law, and the Law on Electronic Information and Transactions. (ITE). Second, that the Law Enforcement Problems Against Electoral Crimes in Indonesia, i.e. the inadequate application of criminal law in elections, constitutes an obstacle to the increase in the incidence of electoral crimes that have violated the Election Law Number 7 of 2017 and the Penal Code as well as the Information and Electronic Transaction Law. (ITE). Thirdly, it is expected that Indonesia will have a specialized agency that will strictly prosecute electoral criminals. Therefore, it can be concluded that electoral crimes are not maximized due to weak enforcement of electoral law.

Penelitian ini bertujuan untuk mengetahui pembuktian tindak pidana pornografi berdasarkan Undang-Undang No. 19 Tahun 2016 dan untuk mengetahui kekuatan alat bukti elektronik sebagai dasar pertimbangan dalam memutus perkara pidana pornografi. Lokasi penelitian di Pengadilan Negeri Makassar dan di Polrestabes Makassar. Tipe penelitian yuridis normatif, menggunakan bahan hukum primer, yang diperoleh secara langsung dari sumber pertama dengan wawancara Hakim Pengadilan Negeri Makassar dan anggota Reskrim Polrestabes Makassar. Data sekunder diperoleh dari survei kepustakaan seperti buku-buku akademis, perundang-undangan, artikel, dan jurnal. Hasil penelitian ini menjelaskan bahwa, pembuktian tindak pidana diatur dalam Pasal 184 ayat (1) KUHAP, alat bukti yang digunakan hakim dalam mengadili terdakwa kasus tindak pidana pornografi. Adapun alat bukti yang digunakan dalam perkara tindak pidana pornografi sebagaimana diatur dakam Undang-Undang No. 19 Tahun 2016 Tentang Informasi dan Transaksi Elektronik, berupa informasi dan atau dokumen elektronik tertuang dalam Pasal 1 angka 1, Pasal 1 angka 4, dan Pasal 5 ayat (1) dan ayat (2). dan Pasal 4 ayat (1) Undang-Undang No. 44 Tahun 2008 Tentang Pornografi. Sat Reskrim Polrestabes Makassar menjelaskan kekuatan alat bukti dalam kasus pornografi melalui Undang-Undang Informasi dan Transaksi Elektronik, yakni penyidik mengambil print out hasil dari capture/screenshot dari akun sosial media yang digunakan diberandanya untuk memposting terkait dengan gambar, video, foto, dan lain sebagainya yang memiliki unsur pornografi. This research aims. First: to find out the evidence in the crime of pornography based on Law No. 19 of 2016 concerning Information and Electronic Transactions. Second: to find out the strength of electronic evidence as a basis for judges' consideration in deciding cases of criminal acts of pornography. This research uses normative juridical research type. The research location is at the Makassar District Court Class 1A Special and at the Makassar Police Station. This research uses primary legal material, which is obtained directly from the first source using interview techniques with the Makassar District Court Judge Class 1A Special and the Makassar Police Criminal Investigation Unit. While secondary data, data obtained from literature surveys such as academic books, legislation, articles, and journals that have to do with the content of the author of this research.The results of this study explain that, the proof of criminal acts is regulated in Article 184 paragraph (1) of the Criminal Procedure Code, which is a valid evidence used by the judge in determining the evidence of the defendant's guilt in the case of criminal acts of pornography through the Electronic Information and Transaction Law. And as for the evidence used in solving cases of crimina acts of pornography as regulated in Law No. 19 of 2016 concerning Electronic Information and Transactions, in the form of information and / or electronic documents contained in Article 1 number 1. Article 1 number 4, and Article 5 paragraph (1) and paragraph (2). And Article 4 paragraph (1) of Law No. 44 of 2008 concerning Pornography. The Makassar Police Criminal Investigation Unit explains the strength of evidence in pornography cases through the Electronic Information and Transaction Law where investigators take printouts of the results of captures/screenshots from social media accounts that are used to post related to images, videos. photos, and so on that have pornographic elements.

Introduction: This article examined how internet regulations in Indonesia, specifically the Electronic Information and Transactions (EIT) Law, impacted freedom of expression in the digital space from 2008 to 2021. Methods: Qualitative research was conducted, employing a case study approach, utilizing literature studies and analyzing articles related to the EIT Law and freedom of expression violations. Findings: The study identified 371 instances where the EIT Law was used to prosecute individuals, often those exposing criminal activity online, highlighting a concerning trend of criminalizing victims. Articles 27, 28, and 29 were particularly problematic due to their ambiguity, creating opportunities to suppress online discourse. This analysis revealed a concerning pattern of the EIT Law being used to restrict digital freedom of expression and public participation, aligning with Althusser's (1970) concept of a repressive state apparatus. The research identified the government, entrepreneurs, and the police as the primary actors utilizing the EIT Law, often to the detriment of civil society members, reflecting the concept of hegemony. This study recommends further research into the EIT Law's impact on digital freedom of expression, focusing on the legislative process, the experiences of those affected by the law, and comparative analyses with other countries. Investigating the evolving landscape of digital rights about state control and corporate. Originality: This manuscript addressed a significant gap in existing literature by providing an in-depth analysis of the practical implications of Indonesia's Information and Electronic Transactions (ITE) Law on digital freedom of expression.

This research aims to find out how the legal validity of electronic sales and purchase agreements made by minors is reviewed in contract law and Law Number 19 of 2016 concerning electronic information and transactions and what legal consequences arise from the legal validity of electronic sales and purchase agreements. What Minors Do According to Contract Law and Law Number 19 of 2016 concerning Information and Electronic Transactions. Normative legal research uses normative case studies in the form of legal behavioral products, for example reviewing laws. The subject of the study is law which is conceptualized as a norm or rule that applies in society and becomes a reference for everyone's behavior. So normative legal research focuses on positive law inventory, legal principles and doctrine, legal discovery in cases in concreto, legal systematics, synchronization level, legal comparison and legal history. The results of this research show that (1) Agreements in electronic transactions via electronic media made by minors are said to be invalid because they conflict with the conditions for the validity of agreements in the Civil Code and the Electronic Information and Transactions Law (2) The legal consequences of agreements in electronic transactions via electronic media for minors for legal settlement efforts can only be carried out through guardianship. If minors do not meet the subjective requirements, namely the ability to make an agreement, the agreement made can be cancelled.

Illegal Content is a criminal act related to illegal activities in the cyberspace. Electronic Crimes Act and Illegal Content are regulated in the Electronic Information and Transactions Law. Illegal Content is an action that involves inputting data or information to the Internet unethically, deceptive, violates the law or disturbs public order and considered as cybercrime. Many forms of it are fake news, defamation, pornography, or sharing information that classified as government secret, agitation, and propaganda against the present government, and so on. Illegal Content can also be explained as the activity of distributing (uploading, writing) false or prohibited content that can harm other people and violates the cyberlaw. The formulation of the problems in this writing is as follows: first, what is the difference between Illegal Content and Electronic Crimes Act according to Electronic Information and Transactions Law (ITE Law)? Second, what are the forms of Illegal Content according to Electronic Information and Transactions Law (ITE Law)? The kind of typing that the writer uses in this research is descriptive research (describing an object and taking simple conclusion from it) with secondary data and use statute approach, case approach, and conceptual approach. This kind of technique is collected by library research and the data will be analyzed qualitatively.The purpose of this writing is to differentiate between Illegal Content and Electronic Crimes Act and explain the forms of Illegal Content based on the Electronic Information and Transactions Law. Keywords: Cyberspace, Cybercrime, Cyberlaw, Electronic Information and Transactions Law, Illegal Content.

The dissemination of hoaxes as a form of digital information crime presents a serious challenge in modern society. Hoaxes not only cause individual harm but also disrupt social stability. Therefore, a legal approach is required that is not solely legalistic but also grounded in ethical and moral values. This research is focused on identifying the legal elements in hoax crimes according to the ITE Law and fiqh jinayah, analyzing the form and purpose of sanctions given in both legal systems, and providing integrative recommendations for law enforcement of information crimes in Indonesia that consider the principles of Islamic law as the moral and spiritual values of the nation. This study employs a library research method using a qualitative-descriptive approach. Data were obtained from academic literature, classical and contemporary fiqh texts, statutory regulations, and accredited scientific journals, then analyzed through a comparative legal framework. The Indonesian Electronic Information and Transactions Law (UU ITE) imposes criminal sanctions in the form of imprisonment and fines on hoax perpetrators, aiming to create a deterrent effect and protect the public. Meanwhile, fiqh jinayah views the dissemination of hoaxes as jinayah al-lisan (verbal offense), which may be subject to ta’zir punishment based on the extent of harm caused. The principles of maqasid al-syariah and social responsibility reinforce the urgency of education and substantive justice. The fiqh jinayah approach may complement positive law in addressing hoaxes by prioritizing public interest (maslahah), prevention, and moral values. Integrating Islamic legal principles into national law constitutes a strategic solution to the complexity of digital information crimes.

Abstract: This research explores the compliance of the Sejuta Cita platform with Indonesia's Electronic Information and Transactions Law (ITE Law), specifically focusing on Article 28, which addresses misleading information in electronic transactions. The general background underscores the growing importance of digital platforms in event management, necessitating stringent adherence to legal standards. The specific background highlights the critical role of user verification processes in ensuring accurate information and responsible user behavior. Despite the increasing reliance on these platforms, a knowledge gap remains regarding the effective implementation of the precautionary principle within their operational frameworks. The primary aim of this study is to assess whether Sejuta Cita effectively incorporates the precautionary principle into its user verification processes, employing a normative juridical method with a statute approach that analyzes key legal frameworks, including Law No. 19 of 2016 and Law No. 11 of 2008. The results reveal that the platform’s terms of use mandate compliance with ethical norms and legal regulations, thereby emphasizing responsible decision-making during event registrations. The findings also indicate potential violations related to event content, yet confirm that Sejuta Cita's terms require event creators to adhere to applicable regulations. The novelty of this study lies in its detailed examination of the platform's user verification policies and their alignment with the ITE Law. The implications suggest that adherence to the precautionary principle enhances user trust and mitigates legal risks, contributing to the establishment of safer electronic transaction environments in Indonesia. Highlights: Compliance Assessment: Evaluates adherence to ITE Law on misleading information. User Verification: Analyzes precautionary principle implementation in user processes. Legal Framework: Assesses electronic agreements' implications for event organizers. Keywords: Sejuta Cita, ITE Law, user verification, precautionary principle, electronic transactions