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PERSPEKTIF HUKUM SIBER DI INDONESIA: PENANGANAN KASUS CYBER TERHADAP TANDA TANGAN ELEKTRONIK Aas Rohmat; Ismiyanto; Muhammad Muhtarom
GEMA Vol 34 No 02 (2022): GEMA
Publisher : LP3M

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Abstract

In the era of globalization, society 5.0 technology, followed by the development of information technology in cyber space, is something that cannot be avoided. This is followed by the vulnerability of threats and attacks on data and information traffic that can threaten state sovereignty. The security factor is the main obstacle in line with the increasing level of crime in cyberspace in Indonesia. The purpose of this study is the Perspective of Cyber Law in Indonesia: Handling Cyber Cases Against Electronic Signatures. The research method used in this research is descriptive. The type of research that the author uses is normative legal research or known as doctrinal legal research which is commonly referred to as legal research or legal research instructions. This legal research examines library material obtained through literature review by collecting and studying primary and secondary legal materials in the form of laws and literature that are relevant to the research object. The approaches used in this legal research are statutory and contextual approaches. The analysis used is descriptive, namely to describe or explain the phenomenon under study. The analysis is carried out by linking causes and effects to the emergence of the phenomenon under study. The findings in this study are that the perspective of cyber law in Indonesia in handling cyber cases against data theft or threats related to electronic signatures is very important to be immediately normalized.
KEBIJAKAN PENANGGULANGAN KEJAHATAN TINDAK PIDANA TEKNOLOGI INFORMASI Andhika Abdillah; Muhammad Muhtarom; Ismiyanto
GEMA Vol 34 No 02 (2022): GEMA
Publisher : LP3M

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Abstract

Advances in science and technology have had a very positive impact on human civilization. One of the phenomena of the modern century which is still growing rapidly is the internet. The rapid development of technology requires legal arrangements related to the use of this technology. Unfortunately, until now many countries do not have specific legislation in the field of information technology, both in criminal and civil aspects. The existence of Electronic Information and/or Electronic Documents is binding and recognized as valid evidence to provide legal certainty for the Operation of Electronic Systems and Electronic Transactions, especially in evidence and matters related to legal actions carried out through Electronic Systems. In order to protect the public interest from all kinds of disturbances as a result of misuse of Electronic Information and Electronic Transactions, it is necessary to affirm the Government's role in preventing the dissemination of illegal content by taking action to terminate access to Electronic Information and/or Electronic Documents that have content that violates the law so that they cannot be accessed. from the jurisdiction of Indonesia and authority is required for investigators to request information contained in Electronic System Operators for the purposes of enforcing criminal law in the field of Information Technology and Electronic Transactions
TINJAUAN YURIDIS TERHADAP PEMBATASAN KEBEBASAN BERKONTRAK DALAM KEGIATAN E-COMMERCE BERDASARKAN HUKUM PERDATA Whisnu Adhinugroho; Ismiyanto; Muhammad Muhtarom
GEMA Vol 35 No 01 (2023): GEMA
Publisher : LP3M

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This study aims to analyze the freedom of contract as stated in article 1338 of the Indonesian Civil Code (KUH-Perdata). Freedom of contract is a very important principle in contract law. This freedom is a manifestation of the free will of a human right. This principle relates to the contents of the agreement to determine what and with whom the agreement is made. Globalization has brought changes to areas of life, including buying and selling. Information technology that is increasingly advanced is one of the factors driving the development of e-commerce. Information and communication technology has changed the behavior of society and human civilization globally. This development causes the world to become borderless. However, this is like a double-edged sword, besides providing convenience in transactions, on the other hand it can be an effective means of committing acts against the law. The existence of e-commerce is a promising business alternative because it provides convenience in transactions, both from the seller and the buyer in carrying out trade transactions. E-commerce makes parties do not need to meet face to face in conducting transactions and negotiations. However, e-commerce transactions erode their rights in terms of freedom of contract because they only agree to an agreement in making a transaction. This research is intended to provide an argument or opinion in a juridical manner where this research uses a normative method (doctrinal legal research). With research using normative methods, this research focuses on literature studies. The results of this study are how civil law can guarantee freedom of contract for consumers who make e-commerce transactions.