Crime in the IT field in general consists of two groups, namely:
1. Ordinary crimes that use IT as a tool help him. Theft of money or purchase goods using credit cards Theft via the Internet can call the victim in the jurisdiction of another country, something that rarely happens in conventional crime.
2. Crime emerged after the introduction of the Internet, where computer system as a victim. Examples of this group is the destroyer of evil website, sending of viruses or computer programs whose purpose damaging computer work system objectives.
Characteristics of activity on the Internet:
1. Transboundary nature, so that is no longer subject to territorial boundaries.
2. Systems based on territorial boundaries cukupmemadai deemed not to answer the legal issues arising from activities on the internet.
Principles and Legal Approaches
The term cyber law is defined as the equivalent word of Cyber Law, which is currently used internationally to the legal terms associated with the use of IT. Another term is also used in IT Law (Law of IT), Law of the Mayan World (Virtual World Law) and Mayantara law.
Although it is a virtual cyber activities can be categorized as acts and legal acts are real. Judicially to cyber space no longer the same size and traditional legal qualifications. Virtual cyber activities are activities that have very real even though the evidence is purely electronic equipment. Thus the subject the perpetrator must be qualified as well as people who have committed acts of law in practice.
Three Approaches to maintain Security in Cyberspace:
1. Technology Approach;
2. Socio-cultural-ethical approach;
3. Legal Approach.
Three Jurisdictions International Law:
1. Jurisdictions enacted legislation (the jurisdiction of prescribe);
2. Law enforcement jurisdiction (the jurisdiction to enforcve);
3. Jurisdiction sue (the jurisdiction to adjudicate).
Principle of International Law Jurisdiction:
1. Subjective territoriality;
2. Objective territoriality;
3. Nationality;
4. Passive nationality;
5. Protective principle;
6. Universality.
Cyberlaw Scope Regarding the legal aspect:
1. e-commerce;
2. Trademark / Domain;
3. Privacy and security on the internet (Privacy and Security on the Internet);
4. Copyright (Copyright);
5. Defamation (Defamation);
6. Setting the content (Content Regulation);
7. Settlement of Disputes (Settlement Dispel).
IT Utilization settings should implemented with the aim to:
1. Support the unity and integrity of the nation and the intellectual life of the nation as part of the world information society;
2. Supports the development of trade and national economy in order to improve people's welfare and national economic growth;
3. Support the effectiveness of communication by utilizing IT to achieve the optimal fairness and legal certainty;
4. To provide the broadest opportunity to each to develop thinking and competence in the field of IT rangkamenghadapi responsibly in the world of IT development.
The scope of IT law violations:
1. Leveraging IT to such unlawful to harm, injure or eliminate property and even lives of others;
2. Doing interception (to prevent / resist) to communications traffic data;
3. Deliberately damaging disturbing data stored in electronic data storage devices are organized as part of a computer system;
4. Intentionally omit electronic evidence that can be used as valid evidence in court contained in an information system or computer system;
5. Intentionally damage or interfere with information systems, computer systems, computer networks and the Internet;
6. Leveraging IT to defraud, incite, defamatory, dropping the name of either person or organization;
7. Leveraging IT to disseminate images, text or a combination of the two properties that contain pornography; 8. Leveraging IT to help the experimental or conspiracy that leads to crime;
9. Any legal entity providing an Internet access or operation of IT services, whether for commercial purposes as well as internal corporate purposes, deliberately do not keep or not to provide electronic transaction records for a period of at least two years.
2. Supports the development of trade and national economy in order to improve people's welfare and national economic growth;
3. Support the effectiveness of communication by utilizing IT to achieve the optimal fairness and legal certainty;
4. To provide the broadest opportunity to each to develop thinking and competence in the field of IT rangkamenghadapi responsibly in the world of IT development.
The scope of IT law violations:
1. Leveraging IT to such unlawful to harm, injure or eliminate property and even lives of others;
2. Doing interception (to prevent / resist) to communications traffic data;
3. Deliberately damaging disturbing data stored in electronic data storage devices are organized as part of a computer system;
4. Intentionally omit electronic evidence that can be used as valid evidence in court contained in an information system or computer system;
5. Intentionally damage or interfere with information systems, computer systems, computer networks and the Internet;
6. Leveraging IT to defraud, incite, defamatory, dropping the name of either person or organization;
7. Leveraging IT to disseminate images, text or a combination of the two properties that contain pornography; 8. Leveraging IT to help the experimental or conspiracy that leads to crime;
9. Any legal entity providing an Internet access or operation of IT services, whether for commercial purposes as well as internal corporate purposes, deliberately do not keep or not to provide electronic transaction records for a period of at least two years.
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