UU ITE Research Articles

Electronic Certificates in Indonesia: Enhancing Legal Certainty or Introducing New Challenges?

The Indonesian government is moving towards digital transformation in land administration by introducing electronic certificates (e-certificates) through the Regulation of the Minister of ATR/BPN Number 1 of 2021. This initiative aims to improve the security and legal certainty of land ownership, building upon existing programs like the Complete Systematic Land Registration Program (PTSL). This study used a normative legal research method to investigate the opportunities and challenges associated with implementing e-certificates in Indonesia. Primary legal sources, such as the Electronic Information and Transactions Law (UU ITE) and relevant ministerial regulations, were analyzed. Secondary data from legal journals, academic publications, and theses were also examined. The study revealed that e-certificates offer several advantages, such as increased efficiency in land administration, potential integration with blockchain technology, and improved land mapping and survey processes. However, challenges remain, including cybersecurity risks, limited technological infrastructure, and the digital literacy gap. Furthermore, the legal status of e-certificates as evidence in court, while recognized by the Ministry of ATR/BPN and UU ITE, requires further clarification within the Indonesian legal framework. This study concludes that e-certificates hold the potential to modernize land administration and enhance legal certainty in Indonesia, but successful implementation requires addressing critical challenges and ensuring comprehensive legal and regulatory clarity.

The Impact of Hate Speech Regulations on Freedom of Expression an Indonesian Legal Perspective

This paper explores the impact of hate speech regulation on freedom of expression in Indonesia from a juridical perspective. The study focuses on the legal framework, including the Electronic Information and Transactions Law (UU ITE) and the Indonesian Penal Code (KUHP), both of which are central to the regulation of hate speech. Through an analysis of key statutes, court rulings, and case studies, this paper highlights the tension between protecting public order and safeguarding free speech. The findings reveal that vague legal definitions and broad enforcement of hate speech laws have led to selective prosecution, often targeting political dissent and criticism. These issues raise concerns about the erosion of democratic rights and the potential misuse of hate speech laws for political purposes. Recommendations are provided to clarify legal definitions, ensure proportionality in enforcement, and prevent the misuse of these laws in a manner that balances the protection of social harmony with the preservation of freedom of expression.

How effective is legal protection in Indonesia in handling investment fraud cases compared to other countries?

Legal protection for investors is crucial in preventing the negative impact of rampant investment fraud, especially in the digital era that facilitates access to information. The ever-growing phenomenon of investment fraud shows the importance of evaluating the effectiveness of existing legal frameworks. This study aims to analyze the effectiveness of legal protection in Indonesia in dealing with investment fraud cases, with a normative juridical approach that examines relevant regulations in Indonesia and compares them with other countries such as the United States and India. This method is used to understand the weaknesses and challenges in the implementation of existing laws. The results of the study show that although Indonesia has a comprehensive legal framework, such as Law Number 8 of 1995 on the Capital Market and the Electronic Information and Transaction Law (UU ITE), challenges in law enforcement and public education are still significant obstacles. Unlike the US and India, which implement strict sanctions and have strict supervision, legal protection in Indonesia still needs reforms to increase the deterrent effect for actors and strengthen public trust in the investment system.

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.

MANAGING INDONESIAN DATA BREACH NOTIFICATION IN THE FINANCIAL SERVICES SECTOR: A CASE FOR ONE-STOP NOTIFICATION MODEL

As a business of trust, the banking and financial services industry must protect its reputation to ensure consumer’s confidence. However, recent adoption of emerging internet communication technologies (ICT) have introduced new risks and challenges, such as safeguarding systems from cyberattacks and protecting consumer’s personal data. Cyberattacks, especially ransomware have shed new light on the importance of privacy and security throughout the banking and financial industry’s digitization efforts. Any organisation affected by cybersecurity attacks must face a twofold legal question. First, whether or not there has been a violation of the legal security requirements? Second, is to determine whether the attack triggers Data Breach Notification to the Data Protection Authority and/or Data Owners. This paper examines the complexity of maintaining security obligations under Indonesian Law (UU ITE, UU PDP, RPP PDP, and other relevant regulations) while also highlighting the common challenges in steering Data Breach Notification, with an enhanced perspective of the European General Data Protection Regulation (EU GDPR) practices. To address the challenges of patchwork data breach notification requirements in Indonesia, this paper proposes a proactive approach by Indonesia’s future Personal Data Protection Authority in creating a one-stop notification model to enable effective data breach incident management and notification.

PEMBATASAN HAK BEREKPRESI DAN BERPENDAPAT ASN DALAM BERSOSIAL MEDIA DALAM BERSOSIAL MEDIA DALAM KONTEKS PENCEGAHAN PELANGGARAN NETRALITAS ASN

The phenomenon of neutrality of the State Civil Apparatus (ASN) seems to be a discussion that always exists in every general election (Pemilu) or regional head election (Pilkada). The State Civil Apparatus Commission (KASN) stated that around 1,678 cases of violations occurred within the bureaucracy and ASN ministries/institutions/regions, which involved violations of ASN neutrality in the period 2020-2022. Based on KASN data, there are violations of neutrality with the motive of utilizing bureaucratic resources, both in the form of support for programs, facilities and infrastructure as well as activities that favor certain candidates. The prohibition on civil servants being sarcastic or uploading and spreading messages attacking or criticizing the government on social media was issued in May in 2018. Ahead of the 2024 elections, which are the main means of realizing democracy in a country. In an effort to maintain the neutrality of ASN from the influence of political parties and to ensure the integrity, cohesiveness and unity of ASN, as well as being able to focus all attention, thoughts and energy on the tasks assigned, ASN are prohibited from becoming members and/or administrators of political parties, as well as running for office with conditions which has been determined by law (UU). Violations of ASN's neutrality, especially during and after the elections that took place in 2009, 2014 and 2019 and ahead of the 2024 elections. Violations can occur in the form of support provided via social media, involvement in campaigns, running for office without being followed by resignation. within the appropriate time frame and so on. This then violates the principle of neutrality and shows the partiality of an ASN which is actually very contrary to the law. Looking at the existing facts, the regulations regarding freedom of opinion held by the State Civil Service (ASN) are very different from the freedom of opinion enjoyed by the Indonesian people. This regulation can certainly limit the space for freedom of expression for State Civil Servants (ASN). However, on the other hand, as a state official, of course all aspects of ASN life are required to comply with the code of ethics that has been regulated by the state. So they face a dilemma when expressing their opinions in public spaces regarding social media in the context of preventing violations of ASN neutrality. Public pros and cons regarding government policies are still occurring, one of which concerns the issue of freedom of opinion and expression on social media, which to this day is still a matter of debate. In addition, the existence of the Information and Electronic Transactions Law (UU ITE) Number 11 of 2008 is still under discussion to this day.

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

Navigating Influencer Liability on Social Media: Balancing Profits and Legal Risks

This study aims to investigate the legal responsibilities of influencers in social media, focusing on the role of the Indonesian Electronic Information and Transaction Law (UU ITE) in regulating online activities. This research uses qualitative research methods with a case study approach.The study explores how influencers can navigate their legal responsibilities in social media, ensuring that the information they share is accurate and non-misleading. The findings highlight the importance of understanding the legal framework governing online activities, including the UU ITE, and the need for influencers to be aware of their legal obligations. The study contributes to the development of more effective legal frameworks for regulating online activities and ensuring that social media platforms are used responsibly. The results suggest that influencers must be educated about their legal responsibilities and must ensure that the information they share is accurate and non-misleading. The study recommends that influencers develop clear policies and guidelines for their online activities and that they collaborate with brands that share similar values.

Analisis Yuridis Tindak Pidana Mempergunakan Kesempatan Main Judi dalam KUHP

This juridical analysis of the criminal act of using the opportunity to gamble in the Criminal Code (KUHP) discusses the legal regulation of the criminal act of gambling via online platforms. In the digital era, the practice of online gambling has become a significant phenomenon. However, law enforcement against online gambling crimes still faces various obstacles and weaknesses. Therefore, this analysis focuses on applicable legal regulations, such as Article 303 of the Criminal Code, as well as Law no. 11 of 2008 concerning Information and Electronic Transactions (UU ITE), to find out how criminal acts of online gambling can be punished and overcome. This analysis also discusses the criminal sanctions that can be imposed, including imprisonment and fines, as well as effective prevention and law enforcement efforts.

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”.

The Effectiveness of The Polygraph Instrument (Lie Detector) As Evidance In Court

Polygraph is a computer technology that is capable of interpreting fraud up to 98% through physiological data such as changes in skin moisture due to anxiety, blood pressure, respiratory frequency and pulse frequency. The National Police Chief's Regulation (Perkap) Number 10 of 2009 Article 9 Paragraph (2) Letter A stipulated that the use of a polygraph as evidence in court will provide assistance to the judge in making a decision although the polygraph cannot be used as evidence because it does not meet the required standards. The purpose of this research is how to study the law on the use of polygraph equipment as valid evidence in court as written in the ITE Law Number 19 of 2016 concerning amendments to the UU ITE Number 11 of 2008. The research uses normative law as a research method and uses primary, secondary and data. tertiary. Research has found that a polygraph cannot be used as evidence, but if supported by expert opinion it can be used as valid supporting evidence in court.

Digital Evidence Tracing in the Investigation of Identity Theft in the E-Commerce Era

This research analyzes the application of regulations in prosecuting cyber crime in identity theft on e-commerce platforms in Indonesia. This study uses normative juridical research methods. This research considers various relevant laws, such as the Information and Electronic Transactions Law (UU ITE), the Criminal Code (KUHP), the Copyright Law, the Telecommunications Law, the Company Documents Law, and the Money Laundering Crime Law. Analysis shows that this law provides a strong legal basis for law enforcement to take action against cybercriminals and impose appropriate criminal sanctions. Apart from that, the law regulates electronic evidence, strengthening the investigation process against perpetrators. However, prosecuting cybercrime cases of identity theft on e-commerce platforms often experiences obstacles, especially in arresting suspects and confiscating evidence. This is due to the characteristics of digital crimes which are often complex and difficult to trace, as well as the lack of adequate capabilities and resources on the part of law enforcement in handling these types of cases. Greater efforts are needed to increase law enforcement capacity, as well as closer cooperation between authorities and e-commerce platform providers to increase the effectiveness of law enforcement in dealing with cybercrime

Penerapan Peraturan Perundang-Undangan Tindak Pidana Kekerasan Seksual di Lingkungan Kampus

This research discusses the negative impact of the internet on society, especially related to cases of sexual violence and revenge porn. Through a descriptive qualitative approach with secondary data analysis, this research highlights a tragic case in Pandeglang, Banten, where a female student, IAK, became a victim of rape and distribution of revenge pornographic content by her ex-boyfriend, Alwi Husein Maolana. This case reflects the complexity of the challenges in dealing with sexual violence in cyberspace, where victims face various forms of physical and psychological violence, as well as threats and blackmail. Even though the perpetrator was punished under the Information and Electronic Transactions Law (UU ITE), there is the potential to charge him with other articles related to sexual violence, rape and coercion. These findings emphasize the need for comprehensive and fair law enforcement in dealing with cybercrime and sexual violence, as well as the importance of deeper awareness and understanding of related legal concepts to protect victims and punish perpetrators appropriately. Thus, this research provides valuable insight into the need for legal reform and public awareness in addressing the negative impact of the internet on sexual violence.

The Relationship between Business Actors and Consumers According to the Review of Electronic Transaction Law

This research aims to analyze the relationship between business actors and consumers in electronic transactions according to a review of electronic transaction law in Indonesia. This research uses normative legal research methods with a doctrinal type of research. Primary data is obtained from primary legal materials such as laws, government regulations, and court decisions. Meanwhile, secondary data is obtained from secondary legal materials such as books, scientific journals and legal articles. The data analysis technique used is qualitative analysis. The research results show that the relationship between business actors and consumers in electronic transactions is regulated in Law Number 11 of 2008 concerning Information and Electronic Transactions (UU ITE), Law Number 8 of 1999 concerning Consumer Protection (UUPK), and statutory regulations. other related. Business actors have an obligation to provide correct and clear information about the products or services offered, as well as guarantee the security of electronic transactions. Consumers have the right to obtain correct and clear information about products or services, as well as the right to resolve disputes fairly.

Fenomena Judi Online : Faktor, Dampak, Pertanggungjawaban Hukum

The advancement of technology has influenced the structure and culture of life, leading to human adaptation to a constantly changing environment, including the rampant increase in online gambling. Digitalization has facilitated easy access through smartphones, with transactions reaching Rp. 104.42 Trillion in October 2023, despite government closure of online gambling sites, new platforms have emerged. Influencers also promote online gambling on their social media platforms. Online gambling violates the law under Pasal 27 (2) of the 2024 UU ITE , with penalties of up to 6 years in prison and/or fines of up to 1 billion rupiah, yet arrests of perpetrators have been made, the access trend remains high, causing serious economic and psychological impacts. This research analyzes legal norms using a normative juridical approach, including the driving factors of online gambling, its impacts, and the legal accountability of perpetrators, which harm individuals and society at large, increasing criminality and disrupting mental health. Countermeasures involve raising awareness about the dangers of online gambling, enforcing strict law enforcement, and cross-sector cooperation to block transaction access, emphasizing the need for legal awareness and stronger preventive actions to address the proliferation of online gambling.

Perlindungan Hukum Terhadap Perempuan Korban Revenge Porn Melalui Konten Pornografi Yang Dibuat Berdasarkan Kesepakatan (Based On Consent)

Social media, which is increasingly being used nowadays, has also increased cases of sexual violence, namely online gender-based violence (KBGO). In 2022, there will be 1,721 cases. Revenge porn is widespread and experienced by women. As victims, women often receive negative treatment from society or their families. The shame of the victim's family in reporting and the lack of understanding of law enforcement also make it difficult for victims to defend themselves before the law, especially in revenge porn based on consent. The formulation of this research problem is: How does positive law in Indonesia provide legal protection for women as victims of revenge porn? Is revenge porn carried out based on an agreement (based on consent) included in the type of crime of sexual violence? The normative judicial method was carried out based on the findings of secondary and primary data from the team on victims, perpetrators, witnesses, officials of the Women's and/or Children's Protection Service of Malang City/Regency, and experts. Analyzed using qualitative descriptive methods. Produce: First, Indonesia already has Republic of Indonesia Law No. 13 of 2006 in conjunction with Republic of Indonesia Law No. 31 of 2014 concerning Witness and Victim Protection Institutions and Republic of Indonesia Law, UU Pornografi, UU ITE, No. 12 of 2022 concerning Criminal Sexual Violence as a form of legal protection for women victims of revenge porn. Second, the action of revenge porn based on consent fulfills the elements in Article 14 of Republic of Indonesia Law No. 12 of 2022 concerning the crime of sexual violence.

Implications of Changes in the Criminal Procedure Law of the ITE Law on Individual Rights in the Indonesian Legal System

The revision of the Electronic Information and Transactions Law (UU ITE) in Indonesia has become a hot topic of debate. Institutions and activists such as the Institute for Criminal Justice Reform (ICJR) and the Press Legal Aid Institute (LBH Pers) have presented various arguments regarding the impact of these changes. This article outlines the five main arguments advanced by the ICJR and LBH Pers. First, there is an objection to Article 27 paragraph (3) which regulates insults and defamation. Second, changes in criminal procedural law raise concerns about the discretionary authority of law enforcement officials without involving the courts. Third, the addition of cyberbullying-related crimes raises concerns about the potential for over-criminalization. Fourth, governments are given additional powers to filter and block content, which can result in potential abuse. Finally, the fifth argument relates to the "right to be forgotten" clause which can be used as a tool of censorship against news publications and journalists about one's past. This article also examines the impact of information technology developments on computer crime and underscores the importance of protecting individual rights and free speech in the digital age.

Implementation of SKB Number 229 of 2021, Number 154 of 2021, Number KB/2/VI/2021 against ITE Delik Article 27 Paragraph (3) of Law Number 11 of 2008

Defamation through social media is regulated in Article 27 Paragraph (3) of Law Number 11 of 2008 concerning Electronic Information and Transactions as amended by Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Electronic Information and Transactions. In fact, the article seems to be a rubber article because it can easily be applied, especially to events that actually fall within the scope of ordinary disputes between individuals through social media or limited to reality stories that then make personal offenses that are considered an attack on honor / good name. This then became a polemic in itself in the community because of the application of articles that are multiinterpretive without paying attention to the scope of events. The problem examined in this study is how the criminal provisions according to Article 27 (3) of the ITE Law and the limitations of the application of article 27 paragraph (3) of the ITE Law. As a form of problem solving for the polemic that continues to occur, on June 23, 2021, the government issued a Joint Decree of Criteria Guidelines. Implementation of the Law on Information and Electronic Transactions (SKB UU ITE). This decree was signed by the Minister of Communication and Information, the Attorney General and the Chief of the National Police of the Republic of Indonesia, which is expected to be a law enforcement guideline so that there is no multiinterpretation of the implementation of the ITE Law which previously became a rubber article.

Kebebasan Berekspresi dalam Tekanan Regulasi: Studi terhadap Undang-Undang Informasi dan Transaksi Elektronik (UU ITE)

This research aims to explain the implications of the implementation of the Electronic Information and Transaction Law (UU ITE) on freedom of expression and democracy in Indonesia. This research uses a qualitative approach with a case study method and is based on a post-positivistic paradigm. Data collection techniques were conducted through document analysis, in-depth interviews and observation. The research concludes that there is insufficient evidence to explain the background to the inclusion of several problematic articles into the ITE Law in 2008. The government and the House of Representatives originally prepared the ITE Bill to regulate electronic business transactions and pornography. However, at the last moment, articles with an authoritarian spirit were included. In addition, the implementation of this law has had the implication of inhibiting freedom of speech and expression in the virtual space and traumatizing victims to express their opinions on social media. Finally, civil society consistently rejects the ITE Law because it is misused to limit freedom of expression, which is part of democracy and human rights.

Positive Criminal Law Regulations Regarding the Crime of Cyberbullying as a Form of Cyber Crim

This research aims to examine positive criminal law regulations related to criminal acts of cyberbullying as a form of cybercrime in Indonesia. Through a legislative approach, this research analyzes related legal developments in cyberbullying, with a focus on Law Number 11 of 2008 concerning Electronic Information and Transactions (UU ITE) and amendments through Law Number 19 of 2016. The research results show that the ITE Law provides a strong legal basis for dealing with cyberbullying, with heavy sanctions for perpetrators. However, this regulation has also drawn criticism regarding potential restrictions on freedom of speech. Thoughtful law enforcement, education, and awareness of online ethics are important in addressing this problem. Legal changes and a holistic approach are needed to face challenges in the ever-evolving digital era.