ITE Law Research Articles

Juridicial Review of Legal Protection Victims of Cyber Gender-Based Violence (Case Study of High Court Decision Number 150/PID/2020/PT BDG)

Cyber gender-based violence is a crime that arises due to the development of increasingly sophisticated information technology. In this case, women are more vulnerable to cyber gender-based violence than men. This cyber gender-based violence results in a person's freedom not only being threatened directly in the real world but also in cyberspace, especially the difficulty of identifying the identity of the perpetrator and the victim's digital footprint that has been spread on the internet is difficult to erase. This study aims to determine the legal protection provided by the state to victims of cyber gender-based violence and to determine whether the High Court Decision Number 150/PID/2020/PT BDG has provided protection for victims of cyber gender-based violence. The approach method used in this research is normative juridical research method with qualitative descriptive research specifications. The techniques used to collect data are literature study and documentation study. Based on the research that has been conducted, it is concluded that the protection of victims of cyber gender-based violence is regulated in Law Number 12 of 2012 concerning Criminal Acts of Sexual Violence, which in this law regulates the criminal provisions of the perpetrators and the rights of victims, in this case victims are entitled to restitution, recovery services, and protection, where the fulfillment of these rights is an obligation of the state. And based on the analysis of the decision of the High Court Decision Number 150/PID/2020/PT BDG, it has not provided maximum protection to victims of cyber gender-based violence due to overlapping regulations which cause unclear legal protection for victims of cyber gender violence, especially the existence of rubber articles in the ITE Law which have become a tool to criminalize victims of cyber gender-based violence

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.

Defamation Through Social Media as a Cyber Crime

This writing finds a strict interpretation of the criminal act of defamation through social media, where many cases criminalize a person who does not deserve to be called the perpetrator or suspect of defamation. The questions of this writing are how defamation through social media is categorized as a cyber crime and how law enforcement officials should interpret elements of defamation through social media. The results of the study show that, first, defamation through social media is part of a cyber crime. because it is in an electronic and cyberspace environment and secondly, the interpretation of the crime of defamation should be based on the guidelines of the Joint Decree regarding guidelines for the implementation of certain articles in the ITE Law between the Attorney General’s Office of the Republic of Indonesia, the Police of the Republic of Indonesia and the Minister of Communication and Information, Number 229 of 2021 dated June 23, 2021 which is more careful by paying attention to aspects of perpetrators and victims. Suggestions in this writing is outreach to law enforcement officials to comply with this interpretation.
 Keywords: social media, defamation, cyber crime

UU ITE Counseling No.19 of 2016 "Wisely Using Social Media Among MTs YLPI Rohul Students"

Technological developments, especially advances in social media such as a double-edged sword, provide many benefits for those who use it, but on the other halnd, it allso provides al dalngerous side alnd caln caluse halrm if used incorrectly. Informaltion technology improves welfalre, alnd progress alnd falcilitaltes humaln beings, caln allso do the salme waly of effective alction algalinst the lalw. "The lalw chalnged to number 11 of 2008 regalrding electronic informaltion alnd tralnsalctions through Lalw no. 19 of 2016 als al legall umbrellal for the use of informaltion technology thalt needs to be known by the public, on certalin sociall medial users. In this service, the talrget is MTS YLPI Rohul students. The purpose of this service is to ralise legall alwalreness of sociall medial for the “Z” generaltion alt MTS YLPI Rohul With regalrd to the implementaltion of problem-solving efforts. The implementaltion stalge uses counseling methods wisely using sociall medial, discussions, alnd responses alnd alnswers. The malin malteriall presented is the involvement of informaltion almendments alnd electronic tralnsalctions alcting on sociall medial alssignments alnd the falctors of sociall medial use. The results of this service alre expected thalt students will understalnd alnd be wiser in giving aldvice or expressions on sociall medial alnd must remalin in alccordalnce with the alpplicalble ethicall alnd legall corridors so thalt they alre not ealsily entalngled in the ITe law.

Online Buying and Buying Regulation Based on Law Number 8 Year 1999 Concerning Consumer Protection and Law Number 19 Year 2016 Regarding Amendment to Law Number 11 Year 2008 Concerning Electronic Information and Transactions

This study aims to analyze the online trading arrangements based on Law Number 8 of 1999 concerning consumer protection and Law Number 19 of 2016 concerning amendments to Law Number 11 of 2008 concerning electronic information and transactions. The study used a normative juridical approach. The results show that legal protection for online shopping consumers can be provided in terms of legal certainty as stipulated in the laws and regulations governing online shopping, namely Law Number 19 of 2016 concerning Amendments to Law No. 11 of 2008 concerning Electronic Transaction Information in conjunction with Law No. 8 of 1999 concerning Consumer Protection. The existence of an electronic contract, as regulated in Article 18 (1) of the ITE Law, is recognized and has the same position as a conventional sale and purchase contract. Through electronic contracts, consumers can sue business actors if a dispute arises due to the electronic transaction.

Metaverse Regulation Formulation In Indonesian Cyber Law

Research Purpose: The purpose of this study is to describe and understand the formulation of the Metaverse regulation for actions prohibited in the ITE Law in the concept of cyber law and to examine how the legal conditions and developments in Indonesia respond to the presence of Metaverse. Method: The research method used is a normative legal research method using several approaches, namely: 1) Conceptual approach; 2) Statute approach; and 3) Comparative approach. Findings: The findings of the study show that the condition of human civilization is currently advancing rapidly, this refers to the ease of accessing every line of life through the use of technology. To anticipate and monitor every aspect of life that occurs in the cyber realm, the concept of Cyber Law is present in ensuring legal protection for the community as technology users. The presence of metavers needs to be anticipated by designing or updating legal products that will become a reference in protecting citizens as subjects who are active in the Metavers era. Function: The function of the study is to examines the formulation of the Metaverse regulation of actions prohibited in the ITE Law in the cyber legal framework. Novelty: This research is important considering that there are no previous studies that examine the concept of cyber law in looking at the influence of the existence of Metaverse on actions prohibited in the ITE Law. In addition, considering the importance of carrying out legal protection for every activity that occurs in the Metaverse era in an effort to develop cyber law in Indonesia in the future.

The Urgency Of Authentication And Protection Of Personal Data In Online Transactions

Fraud in online trading is a crime that is difficult to enforce the law. Fraud can be committed by sellers by counterfeiting their products or by driving transactions outside of e-commerce. Meanwhile, fraud committed by buyers is carried out by falsifying identities and fake orders. The efforts have been made to threaten the perpetrators with criminal noose but have not reduced the number of frauds that occur. This research was conducted using normative research that looked at fraudulent behavior and related it to the legal provisions in the ITE Law and in the Personal Data Protection Law. The research found that the need for authentication as a marker for sellers and buyers when interacting on the internet so that fraud can be minimized because the identity of the perpetrator can be identified easily with the authentication method. So that the perpetrator's track record can be easily detected and this prevents the perpetrator from committing fraud.

ELECTRONIC INFORMATION AND TRANSACTIONS LAW AND BUSINESS DEVELOPMENT IN INDONESIA: CONFRONTATIONAL OR ACCOMMODATIVE?

Technological developments, including online transactions, can no longer be avoided. But unfortunately, in carrying out online transactions themselves, the consumer is often on the very weak side. Therefore, it is necessary to have a regulation for the implementation of online business in Indonesia. This study aims to see how the Information and Electronic Transaction Law (UU ITE) is present in business development in Indonesia, especially for consumers. This research will be carried out using a normative juridical approach. The data used in this research comes from various previous research results and several legal sources in Indonesia, especially the ITE Law. The results of this study then found that article 4 in the Consumer Protection Act (UUPK) explains various rights owned by consumers. Then specifically, the ITE Law explains how to protect consumers that occur in the realm of online transactions. The presence of the ITE Law, despite its controversy in Indonesian society, can save consumers from conducting online business in Indonesia.

JURIDICAL ANALYSIS OF CRIMINAL ACCOUNTABILITY TO DISTRIBUTE ELECTRONIC DOCUMENTS THAT CONTAIN DECENT VIOLATIONS (Case Study, Decision No. 133/Pid.Sus/2021/PN Jkt.Sel)

Basically, moral crimes were only committed by those directly involved in committing them, such as showing female or male genitals in public. However, with the development of information technology, it now encourages those who witness the spectacle to record it with cameras or cellphones and distribute it through Social Media such as WhatsApp using their own accounts. The research approach employed is the normative juridical method, which entails the study of legal norms as outlined in statutes and regulations. The result is that there is no concept or limitation on decency, as alluded to in paragraph one of article 27 of the ITE Law, addressing who is the most accountable legal subject in terms of sending or disseminating content that is charged with immorality. In practice, the limit is a breach of Articles 281-294 of the Criminal Code's decency provisions. The crime of decency through electronic media happened at the time of distribution, transmission, and making accessible video recordings, photos, and images including decency violations through WhatsApp, Facebook, Instagram, Telegram, and other accounts, threatened with imprisonment for 6 (six) years, and the most accountable legal subject is the person who first viewed it through electronic media.

The Evidentiary Power of the Deed Made Electronically by the Land Deed Officials

The Indonesian government has passed Law 11 of 2020 on Job Creation to improve the investment ecosystem. The changes include the making of a deed of transfer of land rights, which has been made on the condition that the parties must appear before the Notary as land deed officials in person, to be made in electronic form. This step is not accompanied by an amendment to Article 5 paragraph 4 letter (b) of Law 11 of 2008 concerning ITE, which still determines that the provisions regarding ITE do not apply to letters and documents which according to the Law must be made in the form of notarial deeds or deeds made by PPAT. This research is conducted to provide legal solutions from the point of view of Legal Theory on the conflict between the 2 norms. This research is normative legal research. The results of this study indicate that based on the principle of Lex Specialis Derogat Legi Generali, the Job Creation Law must be applied over the ITE Law as far as how to make PPAT deeds made electronically are valid legal evidence if the making of electronic notarial deeds is carried out in accordance with applicable provisions.

The Role of INSTIKI Students in Preventing Cyberbullying Among Teenagers

Nowadays, the rapid development of information technology can have both good and bad effects on society, including teenagers. Technological advances allow many people to access the internet quickly, share information, and exchange information between one person and another without having to meet each other face to face. The freedom to use social media can lead to various social media cases of abuse. Cyberbullying is one of the misuses of social media that has recently been encountered. Cyberbullying is one example of the negative impacts arising from rapid technological development. Cyberbullying is a disgraceful behavior committed by individuals repeatedly to others via the internet. The relevant articles of the Criminal Code regulating this cyberbullying offense are those listed in Chapter XVI concerning Insults, specifically Article 310 paragraphs (1) and (2), and the ITE Law article 27 paragraphs (3) of the ITE Law. If there is no action to prevent or stop cyberbullying, then it could be that this action will increase and be very detrimental, especially for victims. This study aims to determine the role of INSTIKI students in preventing cyberbullying that occurs among teenagers. This research uses a mixed method, a combined method between quantitative and qualitative with the help of questionnaires in data collection. In this study, researchers distributed questionnaires online via a Google form. From the results of the questionnaire conducted, it shows that students play a role in preventing cyberbullying among teenagers, in this role, not a few students agree that holding socialization (seminars or counseling) is one of the best ways to prevent cyberbullying among teenagers. Socialization is given to teenagers to increase their understanding of the dangers and impacts of cyberbullying.

Legal Protection of Remote Working Workers in Particular Time Employment Agreements

In the Industrial Era 4.0, all electronic work systems can support the concept of remote working. The relationship between workers and companies arises from a work agreement. The fact is that work agreements are inseparable from conflicts, especially in Particular Time Employment Agreements. Remote working workers in a Particular Time Employment Agreement are carried out online, which must comply with the applicable laws and regulations. This study uses a normative legal method by analyzing and comparing the norms of the Indonesian state legislation (statute approach) descriptively, namely the updated Labor Law, the Job Creation Law, and the ITE Law. And take a conceptual approach, namely remote working (conceptual approach). Furthermore, the researcher describes the formulation of the problem, namely the Remote Working Concept with a Particular Time Employment Agreement system. The Remote Working Concept of Worker Protection is reviewed in the Job Creation Law. In principle, the mechanism for implementing the remote working concept is subject to the provisions of the Labor Law and the Job Creation Law. In addition, there is a need for a new clause regarding the concept of remote working to protect remote working concept workers fairly.

Sarkasme Politik dalam Perspektif Hak Asasi Manusia

This research is entitled Political Sarcasm Against President Joko Widodo Period 2019 – 2024 on Twitter in a Human Rights Perspective. Freedom of expression is placed as a form of freedom in seeking information and then discussing whether to support or criticize it as a process to remove our misconceptions about facts and values. The use of sarcasm is considered as one of freedom of expression. In fact, the use of sarcasm on Twitter in criticizing Joko Widodo's government resulted in intervention and even imprisonment. This study aims to find out how political sarcasm is used against President Joko Widodo for the 2019 – 2024 period on Twitter from a human rights perspective. The theory used is the theory of freedom of expression according to Joel Feinberg which in his view states that there are limits to freedom of expression. The use of sarcasm was in an effort to criticize President Joko Widodo. There are sarcasm that are harsh and unpleasant to hear so that there are expressions of sarcasm on Twitter which end up in court because the tweets cause insults to individuals and religious groups. The use of sarcasm can be trapped by violations of the Articles of the ITE Law and can go beyond the limits of freedom of expression according to Joel Feinberg.
 Keywords: Political Sarcasm, Political Sarcasm, President Joko Widodo, Human Rights, Freedom of Expression.

Law Enforcement in the Protection of Children Victims of Online Child Grooming Cyberspace during the Covid-19 Pandemic

Information-based technology is one form of the era that is always there and provides benefits, namely facilitating the activities of all levels of society, including children. Internet or cyberspace is another name for information-based technology, the reach of the internet itself is wide, and therefore even minors can access it. Child grooming is a type of crime that is either the result of the expansion of cyber-crime grooming or an approach to deception. The mode used by the perpetrator in carrying out grooming is by starting to build a relationship with the victim, then creating the victim's trust in the perpetrator, the birth of the victim's trust in the perpetrator because of the emotional relationship that exists between the victim and the perpetrator. This study wants to analyze how the practice of sexual crimes during the covid -19 pandemic in Indonesia and how the role of the ITE Law in protecting children as victims of crime during the covid-19 pandemic. The method used by the author is juridical-normative. The results obtained are that the practice of child grooming crimes during the COVID- 19 pandemic in Indonesia tends to increase, this is due to the intensity of using gadgets on children more than before the pandemic, and this is due to the government's policy, namely distance learning.

Counseling on ITE Law Violations in Using Social Media in Saragi Village, Buton Regency

Legal counseling on violations of the ITE Law in using social media in the Saragi sub-district aims to create public awareness in social media wisely and avoid violations of the ITE Law. Forms of violation of the Information and Electronic Transaction Law in using social media have been regulated in Law no. 19 of 2016 Jo Law no. 11 of 2008 concerning Information and Electronic Transactions. Legal counseling on violations of the ITE Law in social media uses a statutory approach by first examining legal materials related to violations of the ITE Law in social media. Public awareness to be wise in using social media must always be increased in order to create social order in society.

Rancang Bangun Pendeteksi Kertas Struk pada Mesin Anjungan Tunai Mandiri Berbasis Mikrokontroler

Proof of transaction printed by an Anjungan Tunai Mandiri (ATM) generally produces printed electronic information about the amount of money, account for the transaction, location, and transaction time. Article 5 paragraph (1) of Law no.11 of 2008 concerning electronic information and transactions ("UU ITE") Article 5 paragraph (1) of the ITE Law in full reads, "Electronic information and electronic documents and printouts are tools legal proof."In many cases, there is no notification of the amount of paper available; common events occur to customers after transactions at the ATM; proof of transfer or receipt needs to be printed because the paper supply at the ATM has run out. If this happens, the customer must go to the Bank office to print bank statements. This research aims to design a receipt paper detector on a microcontroller-based ATM. In concept, this tool can detect the availability of receipt paper in ATMs and provide notifications when the receipt paper runs out.

OPINI PUBLIK DI MEDIA SOSIAL TWITTER PADA SOMASI YANG DILAKUKAN OLEH ES TEH INDONESIA

In the current digital era, social media has become a new public space (public sphere) that is used by the public to communicate and interact, including being used to form a public opinion. On September 24, 2022, PT Esteh Indonesia Makmur, as the company that owns the Indonesian Es Tea brand, made a subpoena to the Twitter account owner who criticized one of its beverage products because it was considered a violation of the ITE Law. This became an issue and generated public opinion on social media Twitter. This study intends to find out and analyze the public opinion that is formed from the community of Twitter users towards subpoenas conducted by Es Teh Indonesia, using a qualitative approach, in the form of the Virtual Communication Ethnographic research method. The results of the study generally stated that a negative public opinion was formed from the public towards the summons made by Indonesian Es Teh. The public considered that what was done was inappropriate and unnecessary, this was reflected in the various insults and ridicule that arose as a result of the subpoena. Although on the other hand there is public opinion which states that the criticism made is considered not good because it uses harsh and impolite language or words.

Assistance Of Understanding About Theory of Basic Law And ITE Law To Students Of SMKN 8 Pekanbaru

Melineal students must understand the basic law and UU ITE which ensnares many people because they do not understand the application of the law to their daily activities. Students become agents of change who can provide an extension of basic legal knowledge and UU ITE in the neighborhood where they live. SMKN 8 Pekanbaru which was chosen because the students here are from those who are close to legal cases because they are in the buffer zone of Pekanbaru city. With this activity students are able to limit the potential for activities that can be charged with the law and the ITE Law. Because the perpetrators on social media are mostly young people who actively surf sometimes forget about legal norms that have the potential to be entangled in legal cases and the ITE Law. The activity was carried out directly to students with Dr. Moh Yusuf DM, S.H, M.H, Phd and M. Fadly Daeng Yusuf, S.H, S.E, M.H. These two resource persons are Riau advocate figures who have been poor in the legal world. Outcomes of service are service journals published in accredited service journals, news on the implementation of activities and material modules.

Legality Notary Deed using cyber notary documents as evidence in the principle of the tabellionis officium fideliter exercebo

The implementation of legal actions electronically regarding certain matters needs to be stated in an authentic deed so that the concept of cyber notary emerges. Although it has been accepted in practice, but the making of a deed by means of a cyber notary is not in harmony with the provisions of Article 16 letter m of the JN Law which requires the making of a notary deed directly. In addition, cyber notary documents are electronic documents which are essentially made for the purpose of proof. Meanwhile, in Article 5 paragraph (4) of the ITE Law, notary deeds are excluded from electronic evidence.This study aims to determine the power of cyber notary documents in the making of notary of notary deeds and the legality of notary deeds by using cyber notary documents as evidence in terns of the tablelionis officium fideliter exercebo principle. This research uses normative legal research, with primary legal materials and secondary materials.The technique of collecting legal materials that have been collected are analyzed using qualitative descriptive analysis.The results of this study are the notary’s authority to provide services electronically to produce cyber notary documents. Notary cyber document resulting from the implementation of the notary cyber has no strength in the manufacture does not qualify making notarial deed stipulated in Article 16 paragraph (1) c and m of the JN Law, so that the power of proof of a noraty deed made based on the concept of a cyber notary in the form of an electronic document the same as the power of proof such as a letter or deed made under the hand.

Perlindungan Hukum Terhadap Investor pada Investasi Illegal Secara Online dalam Perspektif Viktimologi

In general, Indonesians are still fairly unfamiliar with online investment, including online investment platforms and current rapid technological developments. This is the capital for perpetrators of illegal investment fraud online to commit their crimes. Often the illegal investment crime ends up being a case of fraud, even the victim's funds are difficult to return. This research is intended to find out about the statutory policies in handling criminal cases of illegal investment fraud online, and steps in suppressing cases of illegal investment fraud so as to create legal protection for investors. The method used in this study is normative juridical by combining various literature related to illegal online investment in Indonesia. Research shows that the legal protection of investors in illegal online investments has met the formulation contained in Articles 1 and 2 of the ITE Law. However, not all provisions stipulated in the ITE Law are related to online investment fraud. Only one clause in article 28 paragraph (1) contains acts as stipulated in article 378 of the Criminal Code on fraud. Although the elements in Article 378 of the Criminal Code are fully fulfilled, there is an element of online fraud. Until now, electronic media has not been known in the Criminal Code and the Criminal Code