Cyber law

Cyberlaw or other words of cyberspace law as the legal aspects relating to the use of information technology in virtual space (cyberspace). Professor of Law Faculty of Diponegoro University Barda Nawawi Arief called cyber terms with "mayantara". Unlike the Barda Nawawi Arief, Edmon Makarim of the Institute of Law and Technology Studies, University of Indonesia are reluctant to mention the word virtual cyberlaw. But whatever the term, until now there has been no single regulation in Indonesia who called or defined the term cyber or mayantara. Because the term is basically cyber in Indonesia today is not a legal term.

According to some authors pendangan scope of cyberlaw requiring serious attention in Indonesia today ie; criminalization Cyber Crime or crime in cyberspace. The negative impact of crime in this virtual world has a lot happening in Indonesia. However, due to the existing set of rules is still not strong enough to trap the perpetrators firmly sanction, this crime is growing as the development of information technology.

Crime actually grow and thrive in a society, no crime without the community. Diucapankan Lacassagne true that society has criminals in accordance with merit. However we know a lot about the various factors that crime in society, but what is certain is that crime is one form of human behavior that continue to experience growth in line with the development of society itself.

CYBERLAW; CHALLENGE FOR DEVELOPMENT OF LAW IN INDONESIA

The development of information technology is happening in almost every country has a global characteristic of a loss of national borders (borderless). Countries that already have a network infrastructure that more adequate information would have enjoyed the development of information technology, developing countries will experience in its development tendency of the emergence of neo-colonialism. This shows the existence of a paradigm shift which is an information network infrastructure for the development of a country. Without the mastery and understanding of this information technology, the challenges of globalization will lead to a high dependency on others and loss of opportunity to compete because of lack of utilization of information technology.


Well aware that the development of information technologies shape the Internet, have changed the pattern of community interaction, such as the interaction of business, economic, social, and cultural. The Internet has contributed so much to society, company / industry and government. Internet presence has been supporting the operational effectiveness and efficiency of every human activity.

The development of information technology including the internet in it also provides challenges for the development of law in Indonesia. Law in Indonesia on demand to adjust to social changes. Soerjono Soekanto suggests that social changes and changes in law or otherwise do not always take place together. This means that in certain circumstances legal development may lag by the development of other elements of society and kebudahaannya or perhaps the opposite

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.