Determination of confiscation of evidence of data in cyber crime

The social order in the digital era is increasingly diverse through interaction and communication using high-tech devices. However, this often causes violations and disturbances to public order and harms others (cyber crime). Based on the background above, there is problem formulation in this research, namely what is the legal basis for determining data confiscation in cyber crime and what the mechanism for data confiscation in cybercrime is. The type of research used is normative, namely seeing and analyzing from the point of view of legislation and applicable norms, especially those related to the problems in this research. The result of discussion is that the legal basis for data confiscation in cyber crime is referring to Law no. 11 of 2008 concerning Information and Electronic Transactions (ITE). This law contains regulations regarding the management of information and electronic transactions at the national level, with the aim that information technology development can be carried out optimally, evenly, and spread to all levels of society in order to educate the nation's life, while the mechanism for confiscation of data in cyber crime begins with electronic data in the form of writing, images and sound or all three are intangible and cannot be seen/heard.

THE LEGAL STRATEGY OF TREATING TELEMATICS CRIMES IN THE FIELD OF ELECTRONIC TRANSACTIONS IN GLOBAL TRADE

Economic globalization that is sweeping the world today began with the development of transportation facilities and cross-border trade. One of the facilities in the internet world to support economic activity is Electronic Transactions. In Indonesia, problems that arise due to the use of transaction media through telematics technology continue without being followed by the existence of laws that regulate it (cyber law). This study aims to determine legal policies against crime in electronic transaction activities in various sources of positive criminal law in Indonesia and to determine strategies for overcoming telematics crimes in the field of electronic transactions in global trade. This research is a normative legal research that is finding a rule of law, legal principles, and legal doctrines in order to answer the legal issues faced. The results of this study explain the legal policy against crime in electronic transaction activities in various sources of positive criminal law in Indonesia carried out in two stages, namely the Applicative Stage and the Formulation Stage and explain the Legal Strategy for Combating Telematics Crime in the Field of Electronic Transactions in Global Trade which is carried out through the Penalty Policy and non-penal policy.

ELECTRONIC IDENTITY AND PERSONAL DATA PROTECTION

Internet communication and digital technologies are an integral part of our daily lives. The provision of electronic public services, the growing volume of electronic transactions and electronic turnover raise a number of issues with the security of information and electronic identification of entities, so that there is no doubt about the participants in the relevant proceedings or in the digital trade. The question is what is the analogue of the ID card, which should be used to identify individuals and other entities in a digital environment. The report examines the application of electronic identification and electronic identity in the context of personal data security and the possibilities to minimize the misuse of personal data through the electronic identification process.

Ketika Demokrasi Menjadi Ancaman?: Kasus Jerinx dan Refleksi Kritis Bagi Pelaksanaan Demokrasi di Indonesia

The most important and fundamental value in democracy is freedom of expression. This freedom is considered a part of human rights and is the most important feature of democracy. In the times, on the one hand, the media to speak out is increasingly numerous and varied, but on the other hand there is a dilemma where this freedom is actually used to sow and spread false information or conspiracy theories without evidence. In addition, the concept of freedom of opinion has not developed much following the latest developments, so this concept is increasingly abstract because there are no clear boundaries for freedom of expression. In Indonesia, the emergence of the Law on Information and Electronic Transactions (UU ITE) is actually used as a threat to criminalize individuals whose opinions are considered to be disturbing and attack others. The Jerinx case is a very interesting case study of how freedom of opinion has actually created a counterfactual narrative. He was convicted in 2020 for making hate speech on his social media accounts. The ITE Law which allows arrests for expressing opinions is problematic because it clearly contradicts the main principle of democracy, namely freedom of expression. This research will critically examine the Jerinx case from the perspective of democratic values to see and analyze how the right to speak and have an opinion in Indonesia. The extent to which freedom of opinion is actually facilitated is considered not to violate the rights of others, and the extent to which the democratic climate has a place in Indonesia.

Perlindungan Hukum Bagi Para Pihak dalam Kontrak Bisnis Melalui E-Commerce Sebagai Akibat dari Resesi Ekonomi

The development of globalization which has become global today, has made several changes in the trading system. E-Commerce or what is often referred to as electronic transaction is a trading activity carried out online by business actors and consumers in conducting trading activities. If a dispute arises between the parties as a result of electronic transactions, especially in Indonesia regarding electronic transactions, it has been specifically regulated in Law no. 11 of 2008 concerning Information and Electronic Transactions in order to provide legal protection to the disputing parties. This study aims to examine the legal arrangements in buying and selling transactions through E-Commerce and revealing legal protection for parties in E-Commerce as a result of the economic recession. In processing research data using normative legal research with a Legislative approach. Sources of data used are primary and secondary legal data obtained through literature study. After the research data has been collected, the last stage is to process the data with descriptive qualitative methods. The results of this study indicate that the legal protection provided to the disputing parties as a result of a business contract carried out using an electronic transaction system is by filing a lawsuit in a commercial court by attaching evidence of an electronic business contract that has been agreed upon by the parties. legal as regulated in Law no. 11 of 2008 concerning Information and Electronic Transactions, which aims to provide protection to the disputing parties in the midst of an economic recession that has hit almost all countries in the world today.

The concept and essence of electronic transactions in the civil law of Ukraine

This research is devoted to the analysis of the legal regulation of electronic transactions in the civil law of Ukraine, the disclosure of problematic issues related to the practical application of the Law of Ukraine "On Electronic Commerce". Within the framework of this article, a theoretical and applied study of various approaches of scientists was carried out, as well as the position of the legislator regarding the understanding of the concept and essence of an electronic transaction through its comparison with traditional approaches to understanding the concept and essence of a transaction. The analysis of the Law of Ukraine "On Electronic Commerce" was carried out, and it was found that the latter defines the organizational and legal basis for activities in the field of electronic commerce in Ukraine, establishes the procedure for making electronic transactions using information and telecommunication systems and determines the rights and obligations of participants in relations in the field of electronic commerce. To achieve this goal, the author applied methods characteristic of legal science. The study was conducted out using the dialectical method of cognition of legal reality, which provided an opportunity to analyze the essence of electronic transactions as a variety of legal facts affecting the dynamics of legal obligations in the civil law system of Ukraine. Whereas the use of the formal-legal method made it possible to analyze the regulations related to the regulation of electronic transactions, which contributed to the proper disclosure of the research objectives. Based on the study, the authors conclude that electronic transactions, like transactions in general, are a kind of legal facts acting in the form of an act of strong-willed lawful behavior aimed at establishing, changing or terminating civil rights and obligations. It has been established that a characteristic feature of electronic transactions is that they are carried out using information and telecommunication systems. It was determined that a characteristic feature of electronic transactions is interactivity, efficiency and multimedia.

Perlindungan Hukum Bagi Pemilik Kartu Elektronik dalam Transaksi E-Commerceputu

Electronic contracts are one of the new forms of contracts that get special protection in Law Number 11 of 2008 concerning Information and Electronic Transactions. In general, electronic contracts are very different from ordinary (conventional) forms of contract, therefore it will be very difficult to directly apply the conditions for the occurrence of conventional contracts to this electronic contract (online contract). The purposes of this study are to reveal the validity of electronic contracts in credit card agreements and legal protection for credit card owners in e-commerce transactions. This research was conducted using normative legal research by applying a statutory approach. The technique of collecting legal materials is carried out by taking inventory of laws and regulations and recording techniques. This study uses primary and secondary legal materials which are then processed using deductive logic with analysis of legal interpretation and legal arguments presented descriptively. The results of the study reveal that in Law Number 8 of 1999 there are regulations that protect the parties who carry out E-Commerce transactions. Electronic contracts are basically the same as written contacts and have legal force and legal consequences as long as they meet statutory requirements. The legal protection provided by Article 26 of Law Number 8 of 1999 provides protection for consumers by requiring business actors who trade services to fulfill the agreed or/or agreed guarantees and/or guarantees.

Sanksi Pidana Bagi Kegiatan Mereview Suatu Produk Usaha di Media Sosial Tanpa Izin

In the competitive world of business, one effective way as a means of promotion is reviewing or reviewing products, which are activities carried out by consumers to give their impressions and views about a product so that it becomes a consideration for other consumers before buying the product, but there are negative impacts from this activity, namely if it is misused by irresponsible persons, what happens is that the person gives a bad image to business actors because of these activities and affects consumers who will buy the product. The purpose of this study is to analyze the sanctions that can be imposed from reviewing or reviewing a product that has copyright without permission from business actors. This study applies a normative method with a statutory approach. Data collection techniques were carried out by examining existing library materials. The sources of law used are divided into two, namely primary and secondary sources of law which are then analyzed by methods of legal interpretation, legal argumentation, and legal construction. The results of the study reveal that the activity of reviewing a product is also regulated through Article 27 paragraph (3) of Law 19 of 2016 concerning amendments to Law Number 11 of 2008 concerning information and electronic transactions aimed at protecting brands from good name numbers.

Research on the Development Problems and Countermeasures of China's E-commerce Platforms——Taking Taobao as an Example

As the Chinese e-commerce market appears as a leading trend that helps to reduce cost of both consumers and sellers during transactions, decrease the development gap between rural and urban areas, and create job opportunities which lead to increment of employment rate, Taobao becomes one of the largest e- commerce platforms in China for it caters to the needs of small and medium sellers, leaving other similar platforms behind. However, as the retail sales and the number of users skyrockets each year, the obstacles that e-commerce platforms face also become more obvious. Therefore, this research attempts to narrow down things that hinder e-commerce platforms from further expanding and provide viable solutions that e-commerce platforms could try to employ. To collect information about the challenges faced by e-commerce users and the possible solutions, the research focuses on relevant literature reviews and data before and in 2021. The main concerns for the development of e-commerce platforms, specifically for Taobao, are the rating system, fraud transaction, and the logistic services. According to relevant literature, providing a descriptive survey for the rating system, setting up inspection departments, and establishing its own logistic company or creating a ranking system for logistic companies that cooperate with Taobao are all possible solutions that Taobao can refer to. This research tries to identify concerns that e-commerce users generally have for e-commerce platforms that still lack improvement. Through the combination of related articles and creative ideas, it offers hypothetically effective solutions to the challenges that are identified. The research intends to help the Chinese e-commerce market to evolve into the next level and make electronic transactions more pleasant for platform users.