Freedom of expression has actually been guaranteed in the law. As a citizen, having an opinion according to what is considered right is certainly a legal thing. The phenomenon of opinion in various social media is currently being loved. The thing that has often been an issue in recent weeks is the truth about the Covid-19 pandemic. Jerinx, a member of a well-known musician band in Bali, often voices opinions that are different from what actually happened. He considers that this pandemic is just a conspiracy of the global elite. The opinions expressed were conveyed through his social media channels, up to a post that forced Jerinx to go to jail for allegedly violating the rules contained in the ITE Law. The purpose of this study is to analyze the accuracy of the use of Articles in the ITE Law which is alleged to be against Jerinx for the posts he has made. By using juridical-normative research methods based on primary, secondary and tertiary legal materials such as legislation, court decisions, legal theory, and can be in the form of opinions of scholars related to existing problems. The results of this study were then analyzed qualitatively with descriptive-prescriptive presentation. There, a fact was found that all the elements of the articles of the ITE Law had been fulfilled to imprison Jerinx.
Abstract Indonesia has a very high level of hoax circulation, so the ITE Law has been implemented to fight it. This article describes a qualitative study in three provinces, namely DKI Jakarta, West Java, and Banten, to investigate the challenge of implementing the ITE Law to reduce the circulation of hoaxes in the community. Semi-structured and in-depth interviews with 33 netizens at the provincial, city, district and village levels were conducted by one academician and two well-trained communication masters students. This data is complemented by data from FGDs with Communication and Law students and discussions with academics and is also complemented by literature studies and documentation related to hoaxes and the implementation of the ITE Law in Indonesia. Results show that Indonesian people's digital literacy is still low. Therefore, it is hoped. The government could keep going by increasing digital literacy programs in the community. Besides, the implementation of the ITE Law is expected to be more optimal. Its implementation is fair and equal before the law, and the articles rubber in the ITE Law can be quickly revised.
Restorative justice in conflict resolution is an effort to resolve between criminals and victims of crime in criminal cases directly. More specifically, restorative justice seeks a way out by considering the good for all parties, be it for the perpetrator, the victim, or the victim's family. This article defines the basic concept of applying the Restorative Justice Policy as the settlement of criminal cases in the Electronic Information and Transaction Law. This article is a qualitative research using a conceptual normative approach. Data were collected through literature study, then analyzed using a data reduction process, data presentation and conclusion drawing. The application of Restorative Justice as a settlement of criminal cases as regulated in the legislation concerning Electronic Information and Transactions (UU ITE) is deemed appropriate considering that in the settlement of criminal cases, investigators must have the principle of prioritizing restorative justice in case settlement, and criminal law is the last resort that can be used. carried out as an effort to enforce the law (ultimum remidium), as stated in the Circular Letter Number: SE/2/11/2021 and the Chief of Police's Telegram Letter No. ST/339/II/RES.1.1.1./2021. With the process of returning to its original state (peace between the two parties), then criminal cases can be resolved and there is no need to continue the process in the judicial process.
This article describes the influence of the ITE Law on the relationship between the community and the government in Padangsidimpuan City. To determine the effect of public and government relations, the author uses a qualitative method, namely seeking information or data by directly interviewing the people of Padangsidimpuan City about the influence of the ITE Law on public relations with the government.The findings in the search, that the ITE Law is for the majority of the people of Padangsidimpuan City, that this ITE Law has a positive influence where people get accurate news, avoids hoax news and does not separate the community from the government, but a small part of the people of the City Padangsidimpuan argues that the presence of this ITE Law actually contains a dividing space between the government and the community where people are afraid to criticize the government through the internet.
ABSTRAK Diundangkannya Undang-undang Nomor 11 Tahun 2008 tentang Informasi dan Transaksi Elektronik adalah wujud Pemerintah Indonesia untuk merespon sistem perdagangan elektronik (UU ITE). Penulisan ini bertujuan untuk mengetahui dan memahami keabsahan kontrak perdagangan secara elektronik ditinjau dari UU ITE serta mengetahui akibat yang ditimbulkan oleh kontrak perdagangan elektronik. Metode penelitian yang digunakan dalam penulisan ini ialah metode penelitian hukum normatif dengan pendekatan perundang-undangan dan konseptual. Konsep yang ditawarkan adalah melakukan perubahan atas UU ITE dan memasukkan pengaturan keabsahan kontrak elektronik secara tegas dan jelas. Alternatif terhadap pengaturan keabsahan kontrak elektronik dalam UU ITE. Penulisan ini bertujuan untuk mengetahui dan memahami keabsahan kontrak perdagangan secara elektronik ditinjau dari UU ITE serta mengetahui akibat yang ditimbulkan oleh kontrak perdagangan elektronik. Metode Penelitian Hukum Normatif dapat di lakukan dengan cara pada sumber- sumber bahan hukum dan UU ITE yang ada kaitannya dengan penelitian ini. adalah suatau pendekatan yang di lakukan terhadap berbagai aturan hukum yang berkaitan dengan Undang- undang Nomor 11 Tahun 2008 tentang Informasi dan Transaksi Elektronik. UU ITE telah mengatur persoalan kontrak elektronik namun secara yuridis terdapat kendala bahwa persyaratan dari kontrak elektronik tersebut tidak dijelaskan dan diuraikan secara detail, padahal keberadaan sebuah persyaratan dalam membuat sebuah kontrak elektronik tersebut sangat diperlukan selain demi tertib dan ketaatan pada hukum, juga demi menjamin hak-hak para pihak jika terjadi wanprestasi. Kata Kunci: keabsyahan, kontrak elektronik ABSTRACT The promulgation of Law Number 11 of 2008 concerning Information and Electronic Transactions is a manifestation of the Indonesian Government's response to the electronic trading system. This writing aims to find out and understand the validity of electronic trading contracts in terms of the ITE Law and to find out the consequences caused by electronic trading contracts. The research method used in this paper is a normative legal research method with a statutory and conceptual approach. The concept offered is to make changes to the ITE Law and include regulations on the validity of electronic contracts in a firm and clear manner. An alternative to the regulation of the validity of electronic contracts in the ITE Law. This writing aims to find out and understand the validity of electronic trading contracts in terms of the ITE Law and find out the consequences caused by electronic trading contracts. this. is an approach taken to various legal rules related to Law Number 11 of 2008 concerning Information and Electronic Transactions. The ITE Law has regulated the issue of electronic contracts but juridically there are obstacles that the requirements of the electronic contract are not explained and described in detail, even though the existence of a requirement in making an electronic contract is very necessary in addition to order and compliance with the law, also to guarantee the rights rights of the parties in the event of default. Keywords: legality, electronic contract
The development of social media (medsos) is getting faster and reaching all levels of society. Social media has become a phenomenal and inseparable need of the Indonesian people. Some of the features of social media include upload status, share news links, chat comumunication, audiovisual communication and more. Even though all people's behavior on social media platforms has been regulated by law, criminal acts as cybercrime still occur. Cybercrime is not a foreign thing among Indonesian people. Even the government through the National Police has formed a special team to monitor and eradicate cyber crime in Indonesia. However, in the eradication process, there is still a problem, namely in proving the defendant's guilt. This fact becomes a challenge for law enforcement circles to solve all problems that occur due to very rapid technological developments. The Criminal Procedure Code (KUHAP) and the Law on Information and Electronic Transactions (UU ITE), namely Law No. 19 of Year 2016 Amendment to Law No. 11 of Year 2008 have been applied to cyber crimes. Unfortunately, the Indonesian people do not understand these regulations. This is because digital literacy focuses more on searching for hoax information rather than explaining various actions that can be classified as cyber crime.Perkembangan media sosial (medsos) semakin pesat dan menembus seluruh lapisan masyarakat. Medsos telah menjadi kebutuhan masyarakat Indonesia yang sangat fenomenal dan tidak dapat dipisahkan. Beberapa fitur yang dimiliki oleh medsos termasuk mengunggah status, membagi halaman berita, chatting, komunikasi audiovisual dan fitur lainnya. Walaupun semua perilaku masyarakat pada platform medsos telah diatur oleh hukum, tetap saja terjadi tindak pidana sebagai cybercrime terjadi. Cybercrime tidak merupakan hal yang asing antar masyarakat Indonesia. Bahkan pemerintah telah membentuk tim khusus untuk memantau dan memberantas cyber crime di Indonesia melalui Polri. Akan tetapi dalam proses pembrantasan, tetap saja terdapat suatu permasalahan, yaitu pada pembuktian kesalahan terdakwa. Fakta ini menjadi tantangan bagi aparat penegak hukum untuk menyelesaikan segala permasalahan yang ditimbulkan oleh perkembangan teknologi yang sangat pesat. Kitab Undang-Undang Hukum Acara Pidana (KUHAP) dan Undang-Undang Tentang Informasi dan Trsansaksi Elektonik (UU ITE) yaitu Undang-Undang Nomor 19 Tahun 2016 Perubahan Atas Undang-Undang Nomor 11 Tahun 2008 telah diterapkan untuk perbuatan cyber crime. Sayangnya, masyarakat Indonesia belom paham dengan peraturan-peraturan tersebut. Ini dikarenakan literasi digital lebih banyak berfokus pada penelusuran informasi hoaks dari pada menjelaskan berbagai perbutan yang dapat digolongkan sebagai cyber crime.
The research aims: 1) To know the construction of hoax criminal acts referred to in the ITE Law. 2) To find out the formulation policy for the future (ius constituentum) in hoax crime. This research is normative legal research. While the type of research is research with emphasis on problems that often arise related to the principle of law with regard to the meaning and scope of criminal acts of hoax in the ITE Law.The results of the study concluded: first, Article 28 paragraph (1) of Law Number 11 of 2008 concerning Information and Electronic Transactions ("ITE Law") as amended by Act Number 19 of 2016 concerning Amendment to Law Number 11 In 2008 concerning Information and Electronic Transactions ("Law 19/2016") stated: Everyone intentionally and without rights spread false and misleading news that resulted in consumer losses in Electronic Transactions. The elements of the crime of spreading false news according to the ITE Law consist of: 1. Everyone, 2. Deliberately and without rights, 3. Spreading false and misleading news, and 4. Which results in consumer losses in electronic transactions. Second, the Government through the Ministry of Communication and Information is more active in building communication with agencies at all levels, so that there are similarities in perspective and resolution in addressing false news (hoaxes) circulating in the community. In order to minimize fake news (hoaxes) circulating on social media, Kominfo must immediately accelerate the pace of coordination with platform providers, be it facebook, twitter, instagram, path, and various other platforms in order to counteract the spread of false news (hoaxes). The meeting with a number of platform providers that have been carried out by the Ministry of Communication and Information is a positive step that must be immediately executed in the form of a written agreement as a legal basis in giving sanctions to platform providers if they deny the agreed agreement. Communication and Information Technology as a representation of state ...
The Electronic Information and Transaction Law (UU ITE) and the latest revisions that have been carried out by the government together with the DPR continue to present polemics in the community. In anticipation of the polemics that continue to occur, on June 23, 2021 the government issued a Joint Decree on the Guidelines for the Implementation Criteria for the Electronic Information and Transaction Law (SKB uu ITE). This SKB was signed by the Minister of Communication and Informatics, the Attorney General and the Head of the Police of the Republic of Indonesia, which is expected to be a law enforcement guideline so that there is no multi-interpretation of the implementation of the ITE Law which previously became a rubber article. This article aims to analyze the initial implications of the Issuance of SKB UU ITE article 27 paragraph (3) on defamation. This study uses a qualitative approach with discourse studies. From the study, three conclusions were found: 1) The Existence of Pros and Cons of Issuing Guidelines for the Implementation of Article 27 paragraph (3) Points (L), 2) The Existence of Pros and Cons Related to the Inclusion of Journalist Profession 3) The Government and DPR still need to immediately revise the ITE Law.
Community service activities with the theme "Application and Views of Relevance to the ITE Law in Indonesia" aims to provide knowledge to students of SMA Negeri 4 The range of the importance of discussing the specific ITE Law for children and also looking at it from the religious side. The method used in this activity was a direct survey to the location of the school and also interviewed the Principal of SMA Negeri 4 Kisaran. ITE is information and electronic transactions in which a rule is made by the state with the help of information technology regarding the importance of trade and economic growth to realize the welfare of the community and the government needs to support the development of information technology through legal infrastructure and its regulation to help information technology be carried out secaa safely to avoid considering it with pay attention to the religious, social, cultural values of Indonesian people
The issuance of Law Number 11 of 2008 concerning Electronic Information and Transactions (UU ITE) made Indonesian law enter a new phase. The existence of the ITE Law is intended to answer all legal issues that are often faced in the cyber world related to the delivery of information, communication, and / or transactions electronically. This law is also expected to be able to regulate all matters in the cyber world. As a pioneer of cyber law in Indonesia, the ITE Law still has various shortcomings in its implementation. So that effectiveness in protecting cyber activities in Indonesia has not been achieved. However, to achieve the objectives of the ITE Law to be effective and efficient, there needs to be cooperation between the community and the government. This synergy will eventually be able to realize the complete principle of checks and balances. After all, the implementation of the law in the empirical aspect must be guarded so that the spirit of the law itself can be preserved.
The purpose this paper to interpret the content of a law, namely is the regulation regarding the ethics of delivering criticism through social media as regulated in the ITE Law. Article 28 Paragraph (2) of the UU ITE is considered to limit constitusional rights of opinin and expression. The explanation of Article 28 Paragraph (2) transctional and electronic information law is gives different interpretations as fragments of paragraph "spreading informaton" and "causing a sense of hatred/hostility". This considered an unclear limitation on the right to freedom opinion and expression on social media. The problem in study is how to interpret the restrictive and application the law solving problem of hate speech on social media. The method used in this study, normative juridical approach, is the carried out based on the main legal material by examining theories, concepts, legal principles and laws regulations. It can be concluded in Indonesia a legal state where every action citizens is regulated in laws, the regulatin of submitting criticism through social media which is regulated in Law no. 11 of 2008 UU ITE. The Article 28 Paragraph (2) transactional and electronic information law, gives rise to the vage normen (blurred norms). It is can be abused silencing freedom of opinion and even becoming a political weapon. In the application of this law, it is indicated that there is duplication of criminal acts which are actually vulnerable to legal uncertainty so that it has the potential to cause turmoil in society.
The case of data theft carried out by the Cambridge Analytica has had an impact on several countries with the population accessing the most Facebook including Indonesia. Facebook is a social media platform that is accessed every day by Indonesian people not only useful for communication tools, but there is a negative side that can change a person's personality to be more consumptive. This is caused by advertisements coming out on Facebook, which is the performance of a computer science that is operated in a Facebook program to study the interests of users of social media called Artificial Intelligence. The role of government is needed to protect the public in using applications because it can endanger individual information that is misused for certain purposes. The laws in Indonesia regarding Artificial Intelligence have not been specifically regulated. Indonesia only has an ITE law which regulates the statement of hatred which is also included in the complaint offense, which there is no benchmark, the ITE Law also regulates the prohibition on the spread of false news. From the above, the ITE Law regulates the use of social media by someone and not on a system of social media which includes Artificial Intelligence. This paper focuses on analyzing how the role of government in the future will protect the privacy of Facebook social media users in Indonesia. ; Cambridge Analytica tarafından uygulanmış data hırsızlığı davası en çok facebook'a erişim sağlayan Endonezya dahil birçok ülkeye etki etmiştir. Her gün Endonezya halkı tarafından erişilen Facebook yalnızca sadece bir iletişim aracı olarak kullanışlı değil, maalesef aynı zamanda bir insanın kişiliğini savurganlaştırabilmesi gibi olumsuz tarafları da mevcut. Bunun sebebi Facebook'ta çıkan reklamlar. Bu reklamlar Facebook programının içinde çalıştırılan, sosyal medya kullanıcılarının ilgi alanlarını inceleyen bir bilgisayar biliminin icrası, buna yapay zeka denilmektedir. Devletin rolü, halkı bu tarz uygulamalar kullanırken korumaktır çünkü kişisel bilgilerin belli amaçlar için kötüye kullanılması gibi tehlikeler yaratabilir. Yapay zeka bakımından kanunlar daha Endonezya'da özel olarak düzenlenmemiştir. Endonezya sadece ITE hukukuna sahiptir ki bu kanunlar nefret beyanını düzenler bu beyan aynı zamanda şikayet suçu içinde de yer almaktadır, kıyas yapılmamaktadır. ITE hukuku aynı zamanda asparagasların yayınlamasının ve yayılmasının yasaklanmasını da düzenlemektedir. Sonuç olarak, ITE hukuku sosyal medyayı kullanan kişileri düzenlemektedir yapay zekayı barındıran sistemi değil. Bu makale Endonezya hükümetinin ileride nasıl Facebook ve benzeri gibi sosyal medya araçlarını kullanan Endonezya halkının gizliliğini koruyacağının analizine odaklanmıştır.
This Research be held at ten cities and regencies on West Java Province. This study aims to determine the attitude of Local Government in the implementation, barriers and solutions about the ITE Law socialization.This research method is descriptive qualitative approach. Technique Data collected through observation, depth interviews with key informants, namely the Regional Officer or a representative who knows about the socialization of the ITE Law.The results showed that the attitude of the West Java Regional Government on the implementation of socialization, when viewed from the aspect of understanding, aspects of interest and awareness of the importance of socialization, expressed understanding, interest and was well aware that the ITE Law socialization is very important. Only two areas that have been carried out socialization. Barriers in socialization, lack of stakeholder-led policy makers and policy-making, and the absence of a special fund allocation. The solution is to send a representative from the Region to participate in the Central or Provincial socialization and prepare materials and a special fund to socialize UU ITE. Keywords: Socialization, UU ITE, Local Government. ABSTRAK Penelitian ini dilakukan di sepuluh kota dan kabupaten di Provinsi Jawa Barat. Penelitian ini bertujuan mengetahui sikap Pemerintah Daerah dalam pelaksanaan, hambatan dan solusinya tentang sosialisasi UU ITE. Metode penelitian ini bersifat deskriptif melalui pendekatan kualitatif, teknik Pengumpulan data dilakukan melalui observasi, wawancara mendalam kepada informan kunci, yaitu para Pejabat Daerah atau yang mewakili yang mengetahui tentang sosialisasi UU ITE. Hasil penelitian menunjukkan bahwa sikap Pemerintah Daerah Jawa Barat terhadap pelaksanaan Sosialisasi, bila dilihat dari aspek pemahaman, aspek ketertarikan dan kesadaran terhadap pentingnya pelaksanaan sosialisasi, menyatakan paham, tertarik dan sadar betul bahwa sosialisasi UU ITE sangat penting.Sejauh ini hanya dua daerah yang telah melaksanakan sosialisasi. Solusinya dengan mengirim perwakilan dari Daerah untuk ikut sosialisasi di Pusat atau Propinsi dan menyiapkan materi dan dana khusus untuk sosiali UU ITE. Kata Kunci: Sosialisasi, UU ITE, Pemerintah Daerah ; This Research be held at ten city and regency on West Java Province. This study aims to determine the attitude of Local Government in the implementation, barriers and solutions about the ITE Law socialization.This research method is descriptive qualitative approach. Technique Data collected through observation, depth interviews with key informants, namely the Regional Officer or a representative who knows about the socialization of the ITE Law.The results showed that the attitude of the West Java Regional Government on the implementation of socialization, when viewed from the aspect of understanding, aspects of interest and awareness of the importance of socialization, expressed understanding, interest and was well aware that the ITE Law socialization is very important. Only two areas that have been carried out socialization. Barriers in socialization, lack of stakeholder-led policy makers and policy-making, and the absence of a special fund allocation. The solution is to send a representative from the Region to participate in the Central or Provincial socialization and prepare materials and a special fund to socialize UU ITE.Keywords: Socialization, UU ITE, Local Government. Penelitian ini dilakukan di sepuluh kota dan kabupaten di Provinsi Jawa Barat. Penelitian ini bertujuan mengetahui sikap Pemerintah Daerah dalam pelaksanaan, hambatan dan solusinya tentang sosialisasi UU ITE. Metode penelitian ini bersifat deskriptif melalui pendekatan kualitatif, teknik Pengumpulan data dilakukan melalui observasi, wawancara mendalam kepada informan kunci, yaitu para Pejabat Daerah atau yang mewakili yang mengetahui tentang sosialisasi UU ITE. Hasil penelitian menunjukkan bahwa sikap Pemerintah Daerah Jawa Barat terhadap pelaksanaan Sosialisasi, bila dilihat dari aspek pemahaman, aspek ketertarikan dan kesadaran terhadap pentingnya pelaksanaan sosialisasi, menyatakan paham, tertarik dan sadar betul bahwa sosialisasi UU ITE sangat penting.Sejauh ini hanya dua daerah yang telah melaksanakan sosialisasi. Solusinya dengan mengirim perwakilan dari Daerah untuk ikut sosialisasi di Pusat atau Propinsi dan menyiapkan materi dan dana khusus untuk sosiali UU ITE.Kata Kunci: Sosialisasi, UU ITE, Pemerintah Daerah
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.
Cybercrime can be defined as illegal activities with computer intermediaries that can be carried out through global electronic networks. In computer networks such as the internet, the problem of crime is becoming increasingly complex due to its wide scope. The purpose of this study is to see what strategies are suitable for preventing cybercrime actions via cell phones based on the ITE Law in Indonesia. The data analysis method used in this study is to use routine activity theory. Cohen and Felson's incidence that crime against crime is related to three variables, namely someone who is motivated, the target who is the target, and the absence of protection from the target (absence of a capable guard). The suggestion is that Gojek provides education about awareness in this fraud case. Gojek appeals to users on their social media to be more careful in trusting information. In addition, the government should not only give warnings to its users as a form of vigilance, but the government should be more optimal in giving more effort.Keywords: Cybercrime, ITE Law, Routine Activity Theory
