ITE Law Research Articles

Juridical Analysis of Law Number 11 of 2008 on Electronic Information and Transactions (ITE) and its Impact on Creative Economy Development in Indonesia

This paper provides a juridical analysis of Law Number 11 of 2008 on Electronic Information and Transactions (ITE) and its impact on the development of the creative economy in Indonesia. The ITE Law was enacted to regulate online transactions and protect intellectual property, serving as a crucial framework for digital platforms that are essential to creative industries. However, the law has raised concerns regarding its vague defamation provisions, which have sometimes been applied in ways that stifle freedom of expression. Through a normative juridical approach and case study analysis, this research evaluates the effectiveness of the ITE Law in supporting the creative economy while identifying legal gaps and challenges in enforcement. The findings reveal that although the law provides necessary protections, reforms are needed to clarify its provisions and strengthen enforcement mechanisms to better serve Indonesia’s rapidly growing creative sector.

Analisis Hukum dalam Penggunaan E-Materai di Kantor Notaris/Pejabat Pembuat Akta Tanah (PPAT)

This study focuses on the analysis of legal studies in the use of e-stamps in notary offices/land deed making officials (PPAT). This study aims to determine how the use of e-stamps in authentic deeds made before a notary/PPAT and how legal protection is provided for e-stamp users in notary/PPAT offices. This study uses a doctrinal approach which is a type of legal research on a collection of written norms/regulations and other secondary legal materials. The results obtained from this study are, first, that documents affixed with e-stamps are perfect evidence if used as evidence at a conference, the existence of e-stamps does not affect the validity of civil documents, only the authentic evidentiary force is degraded to a private deed due to the prohibition as stipulated in Article 5 paragraph (4) letter b of the ITE Law. Second, legal protection if the disputed document can be preventive, namely education and socialization related to the use of e-stamps in authentic deeds and repressive, namely providing protection to buyers as victims related to lawsuits for the Cancellation of certificates issued due to legal defects related to e-stamps sold to the State Administrative Court.

The Effect of Psychological Crime of Virtual Bullying on Social Media on Victims Under the ITE Law

Cyberbullying takes many forms and adapts rapidly to technological developments. This study explores the psychological effects of virtual bullying on social media on victims, with the legal basis set out in Indonesia's Electronic Information and Transaction Law (UU ITE). Online bullying has become a major problem in the digital age, significantly impacting the psychological well-being of victims, and often having a more severe impact than conventional bullying. This study aims to identify the forms of virtual bullying regulated by the ITE Law, analyze the psychological impact on victims, and evaluate the effectiveness of legal protection provided by the ITE Law. Using a normative juridical approach, this research evaluates the articles in the ITE Law that are relevant to cyberbullying and relates them to the cases that occur. The results show that cyberbullying can cause various psychological disorders, including anxiety, depression, and decreased self-esteem. The ITE Law provides a strong legal framework to address these acts, with strict criminal sanctions and protection mechanisms for victims. However, the effectiveness of the ITE Law is highly dependent on consistent implementation by law enforcement as well as increased public awareness and education regarding digital ethics. This study concludes that collaborative efforts between the government, educational institutions, and communities are needed to reduce the incidence of virtual bullying and ensure that victims receive the support they need.

Legal Analysis Of Victims Of Defamation Through Social Media Reviewed From Ite Law No. 19 of 2016

This study is a legal analysis of victims of defamation crimes through social media, viewed from the perspective of ITE Law No 19 of 2016. In Decision Number 108/Pid.B/2023/PN Mdl, the victim experienced defamation through social media platforms.This case illustrates how the perpetrator used social media to spread information that damaged the victim's reputation. However, this study highlights that the decision did not fully consider the rights of the victim in accordance with the provisions of ITE Law No 19 of 2016, which regulates the protection of defamation victims in the digital era.This research is conducted with a descriptive approach using qualitative methods with normative juridical research types based on secondary data sources taken from court decision case studies and laws with analysis using relevant legal materials. The results of this study show that the final court decision did not fully comply with the prevailing laws in Indonesia in upholding the rights of defamation victims through social media. Judges should further consider the psychological and social impacts experienced by the victims, as well as provide more just and adequate compensation in accordance with ITE Law No 19 of 2016. Therefore, this study suggests that future legal decisions should be more favorable to victims and comprehensively consider the impacts of defamation crimes through social media.

The Urgency Of Press FreedomRelated To Conflict Of Norms Viewed From The Perspective Of Dignified Justice

The Unitary State of the Republic of Indonesia (NKRI) as a legal state based on the Almighty God has an obligation to protect the rights of its citizens, including press freedom. Press freedom, as the fourth pillar of democracy, is guaranteed by the 1945 Constitution and Law of the Republic of Indonesia Number 40 of 1999 on the Press, which guarantees the right to obtain and disseminate information. However, recent laws such as Law No. 19 of 2016 on Electronic Information and Transactions (ITE Law) and its revision in Law No. 1 of 2024, along with provisions in the Criminal Code, pose potential norm conflicts with press freedom. Articles in the ITE Law are often used to curb press freedom, contrary to the Press Law which provides legal protection for journalistic activities. This research uses a normative legal method to analyze the conflict of norms between the ITE Law, the Criminal Code, and the Press Law. Through this approach, the research examines how legal principles such as Lex Superior Derogat Legi Inferiori and Lex Specialis Derogat Legi Generalis can be applied to resolve conflicts and ensure effective protection of press freedom within the Indonesian legal framework

The Cyberbullying Pada Aplikasi Tiktok Ditinjau Dari Hukum Pidana dan Fiqh Empat Madzhab

The growth of information technology has introduced challenges like cyberbullying, especially on platforms like TikTok. The real-time nature of TikTok and insufficient moderation exacerbate the psychological harm caused to victims. In Indonesia, cyberbullying is a criminal offense under Law Number 19 of 2016 (ITE Law) as it violates human rights. From an Islamic perspective, it is seen as a serious sin, contradicting Islamic moral values. The four major Islamic schools of thought—Hanafi, Maliki, Shafi'i, and Hanbali—guide punishing offenders, ranging from fixed (hudud) to discretionary (ta'zir) penalties depending on the severity of the offense. This study uses a doctrinal legal approach and library research to examine cyberbullying on TikTok from the perspectives of both criminal law and Islamic jurisprudence. The findings highlight that integrating the principles of positive law with Islamic jurisprudence could create a more holistic and effective framework for addressing cyberbullying. A combined approach can strengthen anti-cyberbullying policies, fostering a safer digital environment. Additionally, promoting education that emphasizes Islamic values such as respect can help prevent cyberbullying. The study recommends increasing public awareness, integrating Islamic and positive legal principles into policies, and improving law enforcement’s capacity to address cyberbullying more effectively.

PERLINDUNGAN HUKUM TERHADAP KORBAN TINDAK PIDANA BODY SHAMING DI MEDIA SOSIAL DALAM PERSPEKTIF VIKTIMOLOGI

This study aims to analyze the form of legal protection for victims of body shaming crimes on social media in the perspective of victimology and the urgency of legal protection. The research method used is normative juridical. The results show that legal protection for victims of body shaming crimes in social media can be seen from the provisions in Law No. 13 of 2006, LPSK Regulation Number 6 of 2010, and article 27 paragraph 3 of the ITE Law. However, the current regulations are considered ineffective to overcome the problem of body shaming on social media. The majority of respondents expressed dissatisfaction with the imposition of criminal penalties alone and advocated for social sanctions as well. In addition, the complexity of the legal process is considered to be one of the factors for victims' reluctance to report. The urgency of providing legal protection for victims of body shaming crimes on social media is very high, given the significant psychological impact on victims. In addition, there are still many perpetrators who do not realize the consequences of body shaming. The government has implemented legal protection measures for victims as a form of commitment to protect the community, which can be in the form of compensation, restitution, and other forms of compensation.

DATA PRIVACY AND CONSTITUTIONAL RIGHTS IN INDONESIA

This article explores the connection between data privacy and constitutional rights in Indonesia, particularly within the framework of a democratic rule of law. The 1945 Constitution of Indonesia guarantees citizens' fundamental rights, including security and privacy. However, the rapid advancement of information technology has introduced new challenges for personal data protection. Currently, Indonesia's regulations, such as the Electronic Information and Transaction Law (ITE Law), lack comprehensive measures to safeguard data privacy rights, as they are sectoral and fragmented. This article highlights the necessity of enacting the Personal Data Protection Bill (RUU PDP) as a crucial step in strengthening the legal framework for data privacy protection in Indonesia. Additionally, it compares international regulations like the General Data Protection Regulation (GDPR) in the European Union, as well as data protection laws in neighboring countries like Singapore and Malaysia. The article underscores that prioritizing the protection of personal data privacy rights is essential for safeguarding constitutional rights and individual dignity, as well as for fostering a secure and trustworthy digital ecosystem in Indonesia.

Legal Analysis of E-Commerce Transactions Based on the ITE Law and Consumer Protection Law in Indonesia

This research aims to find out how the legal position of the parties in the implementation of online arisan and to find out how legal protection for online arisan members who are harmed due to default. The research method used is normative research method. The purpose of this method is to identify legal principles, legal rules, and expert opinions to answer issues related to legal problems, such as the legality of online arisan agreements according to the Civil Code and legal protection for online arisan members in the event of default by one of the parties. From the research conducted, the author obtained the following results: First, the legal position in online arisan consists of the arisan owner as the first party, arisan members as the second party, and the admin or arisan assistant as the third party. If there is a default during the implementation of online arisan, the aggrieved party can choose to resolve the problem through family channels. If the family route is unsuccessful, then dispute resolution must be pursued through legal channels in court by submitting a subpoena. Although the online arisan agreement is unwritten, the agreement is still considered valid. Second, legal protection for online arisan members includes preventive and repressive legal protection. Preventive legal protection for online arisan members is regulated in Article 28 paragraph (1) of Law Number 19 of 2016 Concerning the Amendment to Law Number 11 of 2008, which regulates prohibited acts in electronic transactions, as well as Article 1320 and Article 1338 of the Civil Code, which regulates the provisions of the agreement so that it can be implemented properly. Meanwhile, repressive legal protection is regulated in Article 45 to Article 52 of Law Number 19 of 2016, which regulates sanctions for violation of provisions, as well as Article 1243 of the Civil Code, which discusses compensation due to default.

Perlindungan Hukum Terhadap Data Pribadi Nasabah Oleh Bank Dalam Transaksi Melalui Internet Banking

Technological advances have been able to give birth to services that facilitate daily activities such as the presence of internet banking services. However, there are still many problems related to the unprotection of customer personal data. The formulation of the problem from this study is how to legally protect the security of customer personal data by banks in internet banking services and how bank accountability in terms of personal data belonging to customers is not protected due to the use of internet banking services. The research method used in this thesis research is a normative type of legal research with a type of statutory and conceptual approach. The data sources used are prime, secondary, and tertiary data sources. The collection of legal materials is carried out through a library study. The results showed that the form of preventive legal protection was carried out by providing socialization through the platform to inform about the protection of customer personal data and the applicability of the ITE Law and the Telecommunications Law which provides a protection to prevent disputes against customers. The form of repressive legal protection is carried out through the existence of the Consumer Protection Law which is the basis for the fulfilment of consumption rights. The form of bank liability to customers in the event of a data leak is that the bank will provide compensation if it is proven that it is true that the data leak is not caused by the customer's negligence or mistake.

Legal Protection for Defamation Suspects Who Spread Facts on Social Media Reviewed from the ITE Law

Legal Protection for Defamation Suspects Who Spread Facts on Social Media Reviewed from the ITE Law

Law Enforcement of Criminal Acts of Fraud Through Electronic Media by The Electronic Information Technology Law (UU ITE) in the Jurisdiction of The Karangasem Resort Police

Crimes caused by the development and advancement of information technology and telecommunications are criminal acts of fraud through electronic media. Karangasem Resort Police Investigators in law enforcement against criminal acts of fraud through electronic media use a legal basis based on Article 28 paragraph (1) of the ITE Law. There is a conflict of legal norms in law enforcement against the crime of fraud specifically where Article 378 of the Criminal Code carries a penalty of only 4 years while the crime of fraud through electronic media by disseminating invalid or false news to cause losses is regulated in Article 28 paragraph (1) of the ITE Law which carries a penalty of up to 6 years. For this reason, police investigators if there is a criminal act of fraud through electronic media must be able to dig deeper into the criminal act of fraud, whether the article imposed is sufficient to use the Criminal Code or can be conjoined with the ITE Law. The obstacles faced by investigators of the Karangasem Resort Police are motivated by the fact that there are still few law enforcement officers who understand the ins and outs of information technology (internet), limited facilities and infrastructure, and lack of public legal awareness in efforts to overcome criminal acts of information technology

<b>ANALISIS YURIDIS TERHADAP PELAKU PENJATUHAN TINDAK PIDANA PENCEMARAN NAMA BAIK CALON ANGGOTAN DPRD (PUTUSAN NOMOR 81/PID.SUS/2021/PN SGT)</b>

The rapid advancement of technology facilitates social interactions from the physical world to the digital realm, making it accessible to everyone, including criminal offenses like defamation on social media. The research questions are: 1) Do the elements of defamation against a prospective council member in Verdict No. 81/Pid.Sus/2021/PN Sgt comply with Article 45 in conjunction with Article 27 Paragraph 3 of the ITE Law and Article 315 of the Penal Code for minor offenses? 2) Is the two-month sentence imposed by the judge in line with the sentencing objectives under the Penal Code in Verdict No. 81/Pid.Sus/2021/PN Sgt? This research employs a normative method with secondary data, using descriptive-analytical techniques analyzed qualitatively with deductive reasoning. The findings indicate that the crime's elements do not align with the minor offense provisions of Article 315 of the Penal Code. The two-month probationary sentence does not meet the sentencing guidelines' objectives. The conclusion is that the verdict does not adequately apply Article 45 in conjunction with Article 27 Paragraph 3 of the ITE Law and Article 315 of the Penal Code, nor does it align with sentencing objectives. Judges should consider legal certainty, justice, utility, and societal values.

Implementation of Violations of the ITE Law Article 27 Verse (2) of 2016 Concerning Promotion of Online Gambling by Influencers in Indonesia

Implementation of Violations of the ITE Law Article 27 Verse (2) of 2016 Concerning Promotion of Online Gambling by Influencers in Indonesia

Ujaran Kebencian dan Berita Bohong Berdasarkan Perspektif Sosiologi Hukum Ditinjau dari Undang - Undang Informasi dan Transaksi Elektronik

The purpose of this study is to examine and analyse the regulation of hate speech from a sociological perspective with a focus on Law Number 1 of 2024 which is the second amendment to Law Number 11 of 2008 concerning Electronic Information and Transactions. This research uses the normative juridical method. The results show that fake news that is deliberately spread to damage someone's reputation is regulated in Article 28 paragraph 1 of the ITE Law which prohibits the dissemination of electronic information that is untrue or misleading and has an impact on material losses for consumers in electronic transactions. On the other hand, hate speech is regulated in Article 28 paragraph 2 which prohibits the dissemination of electronic information that incites or influences others to cause hatred or hostility towards individuals or groups based on attributes such as race, nationality, religion or gender. This includes insults, defamation, provocation and slander, all of which aim to create hostility among the public.

Legal Aspects in Developing Security Systems to Counter Fraud and Manipulation Threats in Online Gambling

Online gambling emerges as an endeavor characterized by pecuniary stakes, wherein the operational mechanics and wagering parameters are established by entities overseeing online gambling activities. Facilitated by electronic media and internet connectivity, this milieu offers a platform for the engagement of such pursuits. Supplementing the legal underpinning provided by the Indonesian Criminal Code, Law Number 7 of 1974 concerning the Regulation of Gambling furnishes supplementary provisions governing the conduct of gambling activities. The aim of this reseach is to address the legal aspects in the development of security systems to combat fraud and manipulation threats in online gambling. The process of criminalization ensues with the promulgation of statutes designating certain behaviors, akin to or resembling individual conduct, as proscribed actions subject to punitive reprisals. The research method using normative method legal research. This legislative trajectory culminates in the promulgation of laws prescribing penal sanctions for transgressions. Furthermore, the realm of gambling is subject to regulatory oversight within the purview of Law Number 11 of 2008 about Information and Electronic Transactions (ITE Law). Article 27 paragraph (2) of the aforementioned legislation proffers legal recourse against individuals who, with intent and sans entitlement, disseminate, transmit, or render accessible electronic informational and documentary material imbued with gambling content. Concomitantly, the legal strictures delineated in Article 303 of the Indonesian Criminal Code (KUHP) proscribe gambling activities, imposing penal sanctions that may encompass custodial sentences not exceeding ten

Comparison of the Republic of Indonesia ITE Law No 19 Of 2016 with PDP Law No 27 of 2022 and the Role of the Police in Handling Cases Of Personal Data Dissemination (Doxing)

Comparison of the Republic of Indonesia ITE Law No 19 Of 2016 with PDP Law No 27 of 2022 and the Role of the Police in Handling Cases Of Personal Data Dissemination (Doxing)

Pertanggungjawaban Pidana Debt Collector dan Korporasi: Tinjauan Terhadap Pelanggaran Hukum dalam Penagihan Hutang

The problem that occurs is the unclear relationship between creditors, namely online loans, and debt collectors, which gives rise to public complaints about debt collection practices by debt collectors who often violate the law. Criminal acts committed by debt collectors in debt collection can be subject to criminal sanctions based on applicable laws, such as the Criminal Code and the ITE Law. Fintech companies as corporations can also be held criminally responsible for the actions of debt collectors working on their behalf. The aim of this research is to find out the responsibility of debt collectors and corporations for criminal acts committed by debt collectors in carrying out debt collection practices. This research uses a normative juridical approach by analyzing library materials and secondary data, such as journals, books and statutory regulations.

Tinjauan Kriminologi Terhadap Tindak Pidana Judi Online Studi Kasus Omzet Jaringan Judi Online Capai Rp 2,2 Milyar di Batam

This study aims to analyze and find out about the factors that cause online gambling and find out how the action will be taken by the government and law enforcement agencies against online gambling activities that occur in the city of Batam. Regulation of online gambling crime in Indonesia is regulated in Law No. 19 of 2016 on amendments to Law No. 11 of 2008 on information and Electronic Transactions (UU ITE), containing provisions regarding gambling conducted online via the internet in Article 27 paragraph (2) which reads “Any person intentionally without the right to distribute, transmit and/or make accessible information or documents that have a prohibition of gambling-charged acts. The punishment for this violation is regulated in Article 45 paragraph (2), namely “any person intentionally and without the right to distribute and/or transmit and/or make accessible electronic information and/or electronic documents that have a gambling charge as intended in Article 27 paragraph (2) of the ITE Law shall be sentenced to a maximum of 6 (six) years in prison or a maximum fine of Rp. 1 billion”.

PERTANGGUNGJAWABAN PIDANA PELAKU TINDAK PIDANA PENCUCIAN UANG MELALUI TERANSAKSI GAME ONLINE

The perpetrators of money laundering in Indonesia have starting taking advantage of current technological developments. One of them being the transactions of online gaming. This is due to the absence of sanctions that can be imposed. This research aims to explore different money laundering crimes that occur within online gaming in Indonesia and the forms of criminal responsibility for the perpetrators of these crimes. The method used in writing this journal was normative legal research where there is obscurity and emptiness of legal norms in Law Number 8 of 2010 concerning Prevention and Eradication of Money Laundering Crimes (Hereinafter referred to as the TPPU Act). The results of this research showed that the TPPU Law did not yet regulate if there was a phenomenon of money laundering through online gaming, but the perpetrators of money laundering through transactions online game could be charged with Article 47 of Act No. 11 of 2008 concerning Transactions and Electronic Information (hereinafter referred to as Law ITE). The form of criminal liability for money laundering perpetrators through transactions online games can be seen in Article 47 of the ITE Law which states that perpetrators who fulfill the elements of Article 31 paragraph (1) or paragraph (2) are given criminal sanctions in the form of a maximum of 10 years imprisonment and/or fines up to Rp. 800,000,000.00.