Friday, January 14, 2011

constraints in the trap crimes in cyber world

With the growing dependence on technology and society, especially against the "Internet" resulted not only dipergunakannya this technology to its original destination of the good. In the reality of everyday life, has a lot of crimes committed through this virtual world. whether the shape of fraud, libel or other crimes. The problem is whether the law in Indonesia has been able to ensnare cases like this.

If viewed in a judicial procedure, criminal acts committed through this virtual world there are no particular rules. often the perpetrators of criminal acts in the virtual world is free from legal entanglement. The main problem is in the Aspect of Evidence. We have proof system of law in Indonesia (especially in section 184 Criminal Code) are not familiar with the term evidence of electronic / digital (digital evidence) as proof of valid under law.

Still much debate, especially among academics and practitioners about this. For the civil aspect, basically a judge can even be led to do rechtsvinding (legal discovery). But for the criminal aspect is not the case. Legality principle stipulates that there is no one act can be imprisoned if there are no legal rules that govern them (nullum delictum nulla poena sine previe College poenali). Needed for the proposition that a strong enough so that academics and practitioners debate on this matter need not happen again.

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