Electronic Transaction Law Research Articles

LITERASI DIGITAL: SINERGITAS TNI, POLRI DAN AKADEMISI PADA KAJIAN PENGABDIAN KEPADA MASYARAKAT DARI PERSPEKTIF REMAJA MILENIAL SEBAGAI PENGGUNA MEDIA SOSIAL DALAM PANDANGAN HUKUM DI SMA 1 MANCAK KABUPATEN SERANG

Based on the issues in the Mancak District related to teenagers' lack of understanding of legal perspectives, the Mancak community experiences a high rate of sexual crimes, primarily stemming from their consumption of social media. Consequently, numerous teenagers fall victim to sexual harassment due to their use of digital media without a foundation of knowledge regarding the potential consequences and impacts. The issues in the Mancak District concerning teenagers' inadequate comprehension of the legal perspectives of the Information and Electronic Transactions Law (ITE Law), particularly Article 51 Paragraph 2 concerning criminal acts involving the dissemination of content violating religious or ethical norms, are addressed through this Community Service Program (PKM). The program aims to provide understanding and knowledge about using digital smartphones, accessing the internet properly, safely, and healthily, identifying suitable applications for use, with the hope of using these tools wisely. The outcomes of the PKM discussion include emphasizing the importance of digital literacy education for millennial teenagers and the public's consumption of social media while grasping legal aspects. With a deeper understanding of digital criminal actions such as bullying, fraud, or privacy breaches, they can evade behaviors harmful to themselves and others and steer clear of legal problems. Understanding digital ethics, millennial teenagers can interact in a way that respects others and prevents abusive or detrimental actions online. They develop an awareness of risks like online violence, fraud, and identity misuse

THE ROLE OF CYBER NOTARY IN THE FIELD OF DIGITAL INTERNATIONAL TRADE IN INDONESIA

In Indonesia, a notary refers to a public official appointed by the Government to perform some of the Government’s functions in the field of civil law. In the context of Cyber ​​Notary, the task of a public notary official is more to execute administrative processes combined with security technology by affixing a stamp/seal to a document/agreement file as a form of administration or registration of documents. This research is normative legal research. In this study, the legal materials which had been collected were analyzed in several stages, such as description, systematization and explanation. Philosophical nature of cyber notary in providing legal services to the community is based on the fundamentality of the theory of legal certainty which brings justice and legal certainty to the community into reality, especially through deeds made. The concept of cyber notary is to support Indonesia in the field of international trade based on UNCITRAL. Implementation of the UNCITRAL Model Law on Electronic Commerce in the application of electronic signatures in Indonesia has admittedly been regulated, such as in Article 11 paragraph 1 of the Electronic Information and Transaction Law and Article 59 paragraph 3 of Government Regulation No. 71 of 2019.

JURIDICAL STUDY ON CRIMINAL ACTS OF ONLINE TOGEL GAMBLING

Online gambling has gained popularity worldwide as a major entertainment industry. However, this growth has also brought about concerns regarding criminal activities such as fraud, money laundering, and illegal gambling operations. This study aims to analyze the considerations of judges in sentencing online gambling crimes and proving online togel gambling crimes. The research adopts a normative juridical approach (legal research) to examine the application of rules or norms in positive law using a statute-based approach. The analysis reveals that Article 303 and Article 303 Bis of the Criminal Code are utilized to address online gambling crimes, particularly online togel gambling. Although Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2011 regarding Electronic Information and Transactions can serve as a legal basis, it was not applied in this case. When deciding a criminal case, judges must take into account various factors, including ensuring that the actions charged meet the formulation of the offense and are in violation of the law, assessing the defendant's ability to be held accountable, and considering any justifications presented. Furthermore, the judge should also consider objective requirements, such as a complete indictment, case submission letter, and the case file. In the context of online togel gambling, evidence is evaluated using the theory of the Negative Legal System, which mandates at least two valid pieces of evidence as stipulated in Article 184 of the Criminal Procedure Code, in conjunction with the judge's own belief. Despite the availability of the Information and Electronic Transactions (ITE) Law as a legal basis, this study demonstrates the continued reliance on Article 303 of the Criminal Code for such cases, indicating that the principle of lex specialis derogat legi generali (specific laws override general laws) does not apply.

REFORMING CRIMINAL PROCEDURE LAW: CRYPTOCURRENCY AS EVIDENCE IN MONEY LAUNDERING INVESTIGATIONS

Cryptocurrency is regarded a new form of evidence yet it lacks explicit and clear regulatory recognition in the Criminal Procedure Code, the Information and Electronic Transactions Law (ITE), and the Money Laundering Law. This normative juridical research addresses the role of electronic currency as evidence in the investigation of money laundering cases. The research involved a thorough literature review, examining secondary data including primary legal materials, scholarly articles, expert opinions, and their implications for legislation. Current regulations within the Criminal Procedure Code, the Money Laundering Law, and the ITE do not adequately reflect the advancements in digital currencies. This gap suggests that the procedures for investigating and gathering evidence involving electronic money should be explicitly addressed in the new Draft Criminal Procedure Code to ensure that formal criminal procedures adapt effectively to contemporary technological developments.

Decency Norms in Law Enforcement to Online Prostitution in Indonesia: An Islamic Law Perspective

This study aims to describe Islamic law norms as living Law are offered decency norms for law enforcers against online prostitution as Article 27 of Information and Electronic Transaction (IET) law, and the factors that prevent the enforcement of the decency norms under Article 27 against the massive development of online prostitution. This research was conducted in four provinces: Jakarta, West Java, East Java, and South Sulawesi. The interviewees are investigators from the Indonesian National Police and District Court judges in four cities of four provinces. The method used is a qualitative approach.The research subjects were selected by purposive sampling, and the data were analysed using descriptive analysis. The findings of this study show Islamic Law as decency norms or living law can be a priority for law enforcement to online prostitution by using Article 27 of the IET Law, where decency norms can be imposed on perpetrators, pimps, sex workers, and buyers. Sex services, as well as intermediaries. This study also shows the reluctance of law enforcers at the investigation and court levels to enforce Article 27 more strictly and maximally because it is not a cybercrime priority that must be enforced to prevent the massive development of online prostitution.

The authority of the electronic document in case of conflict with the paper document according to the Jordanian legislation and the comparative legislation "Comparative Analytical Study"

The technical development in modern means of communication and the proliferation of social networking sites made it possible to conclude contracts via the Internet. This led to the emergence of a new type of writing and signature that is electronic in nature, in addition to the existence of paper contracts, where data messages are exchanged via the Internet and uploaded to electronic supports, in addition to sending them on paper to the contractor. Which may lead to a dispute between an electronic editor and a paper editor, whether formal or regular, and both of them contain the same contract, but there is a conflict between them? Which one will the judge prefer?In order to answer the problematic of this research, this study followed the comparative analytical approach, and it came to the conclusion that the Jordanian legislator called for adding a text to the Electronic Transactions Law that gives the judge the wide discretionary power in the event of denying the document or the electronic signature or its conflict with the paper document to return to the electronic certification authority as the owner of the role The largest in proving electronic contracting.

Criminal Liability Against Perpetrators of HOAX Spread in Indonesia

The purpose of this article is to explain and examine the responsibility of perpetrators in the criminal act of disseminating information in the form of misleading fake news, especially based on Law Number 11 of 2008, let alone the blurring of norms related to the phrase fake and misleading news. One of the main problems of crime that occurs in society is the use of social media so the government needs to support the development of information technology through legal infrastructure and regulation so that the use of information technology must be carried out safely to prevent its misuse by taking into account the religious and socio-cultural values of the Indonesian people. This article is in the form of normative juridical research that is useful for finding solutions to legal issues that are the focus of study. The results showed that the perpetrators of spreading false news apply the principle "what must be proven is about the inability to be criminally responsible, and not about the ability to be criminally responsible" so that it can produce a fair legal decision as well as certainty and usefulness. If proven, the perpetrator can be sentenced based on the provisions in Article 28 paragraph (1) of the Electronic Information and Transaction Law with criminal threats based on Article 45A paragraph (1) of Law 19 Number 2016 with a maximum imprisonment of 6 (six) years and/or a maximum fine of IDR 1 billion.

PENEGAKAN HUKUM PELAKU TINDAK PIDANA PENIPUAN ORDERAN FIKTIF OJEK ONLINE (ANALISIS PUTUSAN NOMOR 1507/PID.SUS/2018/PN.MDN DAN PUTUSAN NOMOR 143/PID.B/2018/PN.LMG)

Crime is a social phenomenon that is the responsibility of the state and society because the more crimes that are committed, the greater the danger to the state and society. This study uses normative legal research methods which aim to analyze and evaluate court decisions related to law enforcement of perpetrators of fraudulent online motorcycle taxi ordering fraud. This method will involve literature study and document analysis, namely court decision number 1507/PID.SUS/2018/PN.MDN and decision number 143/PID.B/2018/PN.LMG which is related to the fraudulent case of fictitious online motorcycle taxi orders. The analysis was carried out using a statutory approach and legal theory related to criminal acts of fraud and related court decisions. The results of the analysis will be requested and presented in a narrative form that can provide a deeper understanding related to law enforcement against perpetrators of criminal acts of fraudulent online motorcycle taxi orders. Based on the author's analysis above of the two criminal court decisions in the field of Information and Electronic Transactions Law, it turns out that the authors found that it was very low and did not give a deterrent effect to perpetrators of the Electronic Information and Transactions Law and did not provide a sense of justice to victims.
 Keywords : Law enforcement, crime, fraud, fictitious order, online motorcycle taxi.

Regulating Doxing and Personal Data Dissemination in Indonesia

The development of information technology have an impact on cyber crimes such as identity theft, fraud, and misuse of personal data. One of the crimes, abuse of personal data is doxing. It was an illegal act to spreading action people's personal information or data without permission and creates dangerous situations, humiliation, harassment, or other adverse which can lead to spoilage of the victims. The act of doxing or disseminating personal data has recently increased, especially among journalists. Doxing is a transmission system of personal data conducted by journalists legally. The freedom of journalists who compose and develop news to encourage misuse of personal data. In this case, we are interested in studying the legal basis of doxing and personal data dissemination in Indonesia, with the objectives: first, does the regulation of distributing personal data (doxing) in the Electronic Information and Transaction Law encounter the doxing typology? second How is the reformulation of the criminal law policy on the act of spreading personal data (doxing) in fulfilling the doxing typology? This research adopted normative legal research and used a statutory approach, conceptual approach, and comparative approach. The results showed that the act of doxing in the ITE Law does not regulate it according to the doxing typology. Therefore, there is a need to reform criminal law policies in the ITE. It can also be through the Bill of Personal Data Protection. The government must compose a regulation on disseminating personal data or doxing in the Law concerning Electronic Information and transactions.

Upaya Polri Memberikan Perlindungan Hukum bagi Konsumen dalam Perjanjian Pinjaman Online Ilegal di Surakarta

Technology and information are currently experiencing developments in carrying out activities in all fields with the help of technology. One of them is that online-based lending has not only positive but negative impacts, namely online loan practice services that are not registered with the Financial Services Authority (OJK) or illegal online loans which are services that have caused many cases in society. Perpetrators of illegal online loans can be subject to article 32 paragraph 1 of the Electronic Information and Transaction law. However, even though there are legal regulations, cases of illegal online loans are still found in the field. The problem in this research is how is legal protection for consumers of illegal online loans and the obstacles faced in tackling illegal online loans. This type of research is empirical juridical where data is obtained from interviews and also from literature studies. Data collection techniques were carried out by interviews at the research location after obtaining the data and then the data were analyzed qualitatively. The results of this study are that legal protection is provided for consumers in a preventive and repressive manner. Preventive legal protection is contained in Law no. 8 of 1999 concerning consumer protection, while repressive legal protection is contained in the Financial Services Authority Regulation Number 77/POJK.01/2016 of 2016 concerning Information Technology-Based Money Lending Services.

An Analysis of Freedom of Speech: Whether the Indonesian Electronic Information and Transactions Law is Contradictory

Introduction: With the development of technology, people become easier in expressing themselves through social media. However, many people think that the Indonesian Government represses freedom of speech through the Electronic Information and Transactions (EIT) Law as the huge number of related cases keeps increasing, particularly on matters of criticizing the Government.Purposes of the Research: This article presents to discuss whether the Law does snatch the rights of citizens regarding freedom of speech as the Law essentially aims to protect such rights and shall not contradict the 1945 Constitution of the Republic of Indonesia stating that freedom of speech is a right for every citizen.Methods of the Research: By using normative legal research, this article examines legal principles and norms of related regulations. The authors analyze the situation faced by the Indonesian people in recent years through library research. The secondary data of literature was collected and reviewed focusing on the statutory approach along with the case approach.Results of the Research: The findings show that the EIT Law indeed draws controversy among Indonesian people due to the existence of several Articles under the Law that are contradictory to its purpose, namely protecting freedom of speech. By having ambiguousness and multiple interpretations of those several Articles, the Law leads to abuse of power by the Government. Therefore, it is reasonable for many people, as well as civil society organizations, to appeal to the Government to revise the Law and related regulations. It is on the grounds that such actions are necessary to enhance and enforce the protection of freedom of speech.

Digital Evidence in Saudi Law: A Comparative Study

This research comes as part and prelude to a master's thesis in private law at King Abdulaziz University entitled Digital Documents as Evidence in Saudi Law A comparative study, by researcher Sultan Aljadani and under the supervision of Associate Professor of Civil Law, Dr. Faisal Al-Assaf. Electronic transactions have become an integral part of our daily transactions, and as a result, the Saudi legislator was keen to legislate digital means within the provisions of the new proof Law. Because of the novelty of the law, and because of the importance of digital evidence in proof, research has dealt with the answer to a problem: The extent of the adequacy of legal provisions regulating digital evidence? And emanating from it many questions that do not deviate in their content from this problem. To answer the research question, the researcher followed the comparative descriptive analytical approach, by describing and analyzing the texts related to digital evidence in the Saudi Proof Law and related laws , and comparing them with the Jordanian law. The researcher reached a number of results, the most important of which is that the Saudi legislator has enacted the procedural provisions related to digital evidence within the texts of the evidence Law, and has referred many of the substantive provisions related to digital evidence to the Electronic Transactions Law and other relevant laws. Also, the Electronic Transactions Law - due to its lack of novelty - mixed between some digital evidence, and left some other digital evidence unregulated. Therefore, and in light of the previous results, we recommend that the Saudi legislator completely re-legislate digital evidence in the Saudi Evidence Law, or re-enact the provisions related to digital evidence contained in the Electronic Transactions Law to comply with the new Evidence Law.

THE POLITICS OF CRIMINAL LAW IN CYBERCRIME: AN EFFORTS TO COMBAT INFORMATION TECHNOLOGY CRIMES IN INDONESIA

This article aims to analyze the politics of criminal law in cybercrime and its efforts to overcome information technology crimes from cybercrime. This article used a normative juridical approach. This study concludes that legal politics has a significant role in enforcing the Information and Electronic Transaction Law because it is related to the existence of political will in enforcing the Aquo Law, where there is a structure that is very closely related to legal politics. Efforts to deal with information technology crime, as stated in the Preamble to the 1945 Constitution paragraph 4, to date, two cyber laws of the Electronic Information and Transaction Law have been and are or are still in force in Indonesia. Changes to the cyber law of the Information and Electronic Transaction Law occur because of the influence of legal politics, which is the primary policy in determining the direction, form, and content of the law to be formed following the needs of the state at the time the law is enacted and the politics of the government's interests at the time an Act applies.

THE ENFORCEMENT OF ELECTRONIC ADMINISTRATIVE DECISION AND THE EXTENT OF ITS APPLICATION IN PALESTINE AND JORDAN

Electronic management means a set of administrative activities that depend on the internet at all levels of public administration. The transformation of the procedure from paper-based into electronic pillar has impacted the administrative decision. Therefore, the administrative decision has become issued by electronic procedures and relies on the electronic pillar based on paper or document. This led to the emergence of new legal terms, such as the electronic administrative decision. However, several legal questions have arisen about the legality of electronic administrative decisions and their legal effects. And what is the moment in which the electronic administrative decision is considered to have been issued and effective? This paper aims to demonstrate the legality of the application of the electronic administrative decision in Palestine and Jordan. To achieve the research objectives, a qualitative legal research approach has been adopted. The primary and secondary data have been both utilized in this research to help answer the research question. Findings show that the Palestinian and Jordanian legislation has not prevented the administration from expressing its will by using modern technological means; also, the legislator has not required the issuance of the decision to be written or verbally. The authors recommend activating the role of the Supreme Court of Justice. Besides, make some amendments to the Palestinian decision No. 15 of 2017 regarding electronic transactions and Jordanian law in the Electronic Transactions Law No. 15 of 2015 to keep pace with this development.

Transaction Fraud Buy and Sell Online Through Restitution as Criminal Addition in the Electronic Information and Transaction Law

The ITE Law as a legal framework for law enforcement for every crime arising from electronic information and transactions does not cover victim protection in the form of compensation (refund). This research was conducted normatively. The legal issues discussed in this study are: First, what kind of legal protection do victims of online buying and selling scams have? The aims of this study are: First, to analyze forms relating to the protection of fraud victims in online transactions. Amendments to the ITE Law are needed to include restitution as an additional offense so that restitution is not only an option proposed but an obligation that must be fulfilled.

Insults within National Criminal Law and Islamic Criminal Law: Sanctions Perspective and Legal Developments Review

Insults are a common issue in society, yet it is crucial that the honor, dignity, and respect of all individuals are maintained and shielded from any form of disturbance or insult attempts, as guided by both Islamic provisions and state law. This research aims to explore two primary questions: What are the sanction provisions for insults within Indonesian law? And, how has Islamic criminal law evolved in addressing insult crimes in Indonesia? A normative research method is employed, drawing on both primary and secondary data sources. The primary source is Law Number 1 of 2023 on the Criminal Code, with secondary data derived from related books and articles. Indonesian law, through Law Number 1 of 2023, outlines sanctions for insult crimes, identifying 8 types of insulting behaviors, alongside the Information and Electronic Transactions Law (ITE Law). In Islamic criminal law, regulations are grounded in the Al-Qur'an and authentic Hadiths: Muttafaq alaih. Islamic criminal law's approach to insult crimes utilizes Takzir punishment, also known as jarimah Takzir, highlighting the adaptability of Islamic legal principles in contemporary judicial considerations, allowing judges to apply Takzir punishment provisions in their rulings.

Criminal Responsibility System Against Online Criminal Acts of Prostitution in Indonesia

The criminal responsibility system for the crime of prostitution in Indonesia is partial and discriminatory. There is no guarantee of legal certainty and a legal vacuum for Commercial Sex Workers and their service users. This study aims to analyze and find the criminal responsibility system for prostitution according to positive criminal law in Indonesia and the weaknesses of the criminal responsibility system for prostitution based on the value of Pancasila justice. The paradigm in this research is post-positivism, which aims to produce new thoughts, understandings or ideas and theories in Indonesia's material criminal law system. The method of normative juridical approach, with secondary data sources obtained through literature studies both on primary, secondary and tertiary legal materials, the data were then analyzed by qualitative descriptive methods. The study results show that the construction of positive criminal law in the Indonesian Criminal Code and the Electronic Information and Transaction Law (UU ITE) cannot be used to impose criminal liability on all parties involved in this crime. The provisions are partial and discriminatory. Weaknesses can be seen from the aspect of substance, structure, and culture so that the ideal reconstruction of the policy is needed to reconstruct Article 296 and Article 506 of the Criminal Code as well as Article 27 paragraph (1) and Article 45 paragraph (1) of the ITE Law which is based on non-discrimination and equality before the law that comes from extracting living values, In society.

Authenticating the administrative contract in electronic form and its legal force in Jordanian law

The administrative contract is one of the transactions that may be concluded electronically. For this reason, it is important that it is legally regulated. The electronic contract is created by special procedures via electronic certification bodies. This article considers the authentication of the electronic administrative contract in Jordan. It also examines the legal value of the contract before the Jordanian judiciary. Index words: Jordan; Electronic Transactions Law No 15 of 2015; Jordanian Evidence Law; electronic administrative contract; electronic journals; electronic signature; electronic certification

CORRELATION BETWEEN GENERAL CRIMINAL PROVISIONS AND SPECIAL CRIMINAL PROVISIONS CONCERNING THE CRIMINAL ACTION OF DEFENSE

The purpose of this study is to find out how the general criminal and special criminal arrangements regarding the criminal act of defamation. This research uses an empirical juridical approach. The juridical approach is used to analyze various laws and regulations related to the implementation of the criminal defamation settlement process. Meanwhile, the empirical approach is used to analyze law which is seen as patterned social behavior in people's lives that always interact and relate to social aspects. The provisions for criminal acts of defamation in the Information and Electronic Transactions Law in its implementation refer to the legal provisions in the Criminal Code Articles 310 and 311 of the Criminal Code and the Electronic Information and Transactions Act Article 27 paragraph (3), Article 45 paragraph (1). This was emphasized because it was the result of an amendment to the provisions of Article 27 paragraph (3) which was considered by some people to be a rubber article because it was not accompanied by an explanation of the article regarding the measure of being said to be defamation.

The Existence of POLRI in Handling Minor Crimes of Defamation Through Social Media in the Electronic Information and Transaction Law

The progress of information technology has positive and negative impacts; from a legal perspective, many criminal cases related to the social world in information technology occur in Indonesia. Meanwhile, the application of Law in Indonesia only prioritizes the principle of legal certainty and does not reduce the number of crimes that have happened in the State of Indonesia; until now, it has become a burden for the state when every criminal case ends up in prison. Law enforcers, the Police, the Attorney General's Office, and the Supreme Court created a restorative justice approach in applying criminal cases as a settlement mechanism outside the general court based on the principle of Justice. The application of restorative Justice is not always oriented toward criminal punishment. Still, it is more directed at aligning the interests of recovering victims and the accountability of perpetrators of criminal acts.