Positive and Negative Impact of Legal Digitalization in Indonesia
Bimo Atidhiro Ambudi and Dyah Ersita Yurtanti
Universitas 17 Agustus 1945 Jakarta, Indonesia
Keywords: Legal Digitalization, Digitalization Era, Cyber Crime.
Abstract: The era of digitalization has resulted in increasingly rapid digital transformation, many community activities
that were previously carried out conventionally, are now more modern by utilizing developing technology.
However, it turns out that the consequences of technological developments have had positive impacts such as
the presence of e-court justice, while negative impacts such as cybercrime continue to grow. Cybercrime
exploits computer networks as both a tool for criminal plans and a target for those seeking to practice illegally
online through such means. Cybercrime is currently rampant, this is a reflection that apart from crime having
to develop, the law must also follow and adapt to these developments. This article uses a type of research that
is normative juridical in nature, where the research describes existing problems, and discusses related and
applicable laws sourced from library journals, books, laws and other sources as references for writers in
preparing data. The author's research determines both beneficial and detrimental consequences stemming
from the Digitalization Era, emphasizing the necessity of legal digitalization as a means to challenge the
progression of criminal acts within our increasingly technology-driven society.
1 INTRODUCTION
1.1 Background
The progress and development of the world today has
developed to an even higher level, this cannot be
separated from the increasingly developing role of
technology. The era of digitalization that the world
has now entered demands the digitization of every
aspect of life, signalling a shift wherein all facets
must adopt virtual forms. Indonesia as a country of
law is also affected by the world digitalization
process both in the social life of its people and also in
terms of the development of its legal world.
Community activities that were previously carried out
more conventionally are now more advanced by
utilizing technology, as happened several years ago
with the Covid-19 virus outbreak, the impact of which
was really felt by the world community and especially
the Indonesian community. The conditions that
occurred at that time required people to be able to
adapt in order to survive, namely by minimizing
direct interaction (social distancing). This encouraged
people to be able to innovate in carrying out their
daily lives. One form of innovation that really had an
impact on society was the use of technology to
support In society's daily life, with this technology,
activities can still be carried out even if only from
home, such as working from home, studying from
home by utilizing advanced technology through
media such as WhatsApp, Zoom, Telegram, Google
Drive, Gmail, Google Docs, and others.
While technological advancements continue to
rapidly develop and become increasingly
sophisticated over time, bringing with them both
benefits as well as risks, one concerning by-product
of progress is the perpetually expanding threat of
cybercrime and the harms it causes. Cyber Crime is
defined as the dark side of the rapid development of
technology which has a negative influence on all
areas of life today, so that this crime cannot be
underestimated because this crime is an extra
ordinary crime. Currently there are various forms of
Cyber Crime, one of which is defrauding people
through fake investments under the guise of trading
on an application. This trading case has become a
trending case in Indonesia, this is due to the presence
of public figures who were later proven to be involved
in the case and the large amount of losses suffered. by
victims of this application and there are many more
Cyber Crime cases that are increasing in Indonesia.
Consequently, through their writing the author aims
to investigate both the advantages and disadvantages
of how digitization has transformed the legal system
within Indonesia.
Ambudi, B. and Yurtanti, D.
Positive and Negative Impact of Legal Digitalization in Indonesia.
DOI: 10.5220/0012641500003821
Paper published under CC license (CC BY-NC-ND 4.0)
In Proceedings of the 4th International Seminar and Call for Paper (ISCP UTA ’45 JAKARTA 2023), pages 527-530
ISBN: 978-989-758-691-0; ISSN: 2828-853X
Proceedings Copyright © 2024 by SCITEPRESS Science and Technology Publications, Lda.
527
2 PROBLEM FORMULATION
What ramifications, both favorable and adverse,
manifest as a consequence of the digitalization of law
in Indonesia?
3 RESEARCH METHOD
Research methods are a scientific activity that
contains methods, systematics and aims to study
certain legal events by analyzing them. "Research is
a scientific method by conducting a thorough and
complete investigation of the evidence obtained from
a problem." The research method in this research is as
follows:
1) Type of Research
The research method in this proposal is Normative
Juridical research. According to Soejono Soekanto,
research with a normative juridical approach is legal
research carried out by examining library materials
or secondary data as a basis for research by
conducting searches of regulations and literature
related to the problem being studied. This research is
juridical research, namely research carried out with
the aim of researching “POSITIVE AND
NEGATIVE IMPACT OF LEGAL
DIGITALIZATION IN INDONESIA”
2) Research Approach Method
The author's legal research uses two types of research
approaches, including a statutory approach and a
conceptual approach. The first approach is the
statutory approach or statute approach, which is an
approach that departs from the views and doctrines
that develop in legal science. This legal writing is
intended to be able to understand and
comprehensively analyze the hierarchy of statutory
regulations and the principles in statutory regulations.
invitation. This approach is carried out by reviewing
all laws and regulations that are related to
“POSITIVE AND NEGATIVE IMPACT OF
LEGAL DIGITALIZATION IN INDONESIA”
4 RESULTS OF ANALYSIS AND
DISCUSSION
Technological developments have a significant
influence on society. The dynamics of change
inevitably become a challenge for all elements,
including government, society and other agencies. All
elements must be able to face changes that occur with
a positive attitude and of course filter out anything
that will have a bad impact on life. While society
continues advancing with modern technological
progress, connecting more humans, objects, and
systems through cyberspace in applications like never
before, it cannot be claimed that cybercrime is
dwindling, as the unfortunate reality remains that
such developments have enabled criminal behavior
online to expand at an alarming rate due to the
expanded interconnectivity that technology provides.
In Artificial Intelligence (AI), it is a computer
technology that has intelligent thinking like humans
and can be adjusted according to human desires.
The very rapid transformation of technology has
given rise to a crime which is usually called Cyber
Crime. This crime is a criminal activity that utilizes
computer networks as a tool and becomes a
destination for the practice of cybercrime. While
cybercrime remains an ongoing challenge for law
enforcement due to its highly organized and technical
nature, carried out by sophisticated actors whose
digital footprints obscure their physical whereabouts,
complicating efforts to gather sufficient evidence and
thus prove criminal culpability relative to other
unlawful acts. the perpetrator was caught. Referring
to the statement of Akhmada Muqowam who is
the Chair of Committee I DPD RI, he stated that in
Indonesia the level of cyber or mayantara crime is
ranked second in the world. This shows that Cyber
Crime must be a serious concern for all parties,
especially the government, in preventing and dealing
with it. Law as a means of protection for society must
be able to protect internet users as well as take firm
action against cybercriminals. The nature of
cybercrime is a crime without time and space
limitations, so in terms of eradicating this crime,
complex cooperation is needed and awareness that
this problem is not only the task of the government or
law enforcement alone, but this is a problem for all
elements, both individuals, society and even Country.
Cyber Crime is one of the crimes that is of concern
in the international world, this is shown by the
classification conveyed by the United Nations (UN)
at the Tenth United Nations Congress on the
Prevention of Crime and the Treatment of Offenders
which was held in Vienna, 10-17 April 2000,
classified Cyber Crime into 2 views narrowly and
broadly:
- Cybercrime in a narrow sense (“computer
crime”): any illegal behavior directed by means
of electronic operations that targets the security
of computer systems and the data processed by
them.
- Cybercrime in a broader sense (“computer-
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related crime”): any illegal behaviour committed
by means of, or in relation to, a computer system
or network, including such crimes as illegal.
possession, offering or distributing information
by means of a computer system or network.
In Black's Law Dictionary 9th Edition, the definition
of Cyber Crime is as:
A crime involving the use of a computer, such as
sabotaging or stealing electronically stored data Also
termed cybercrime.
Based on the UN Instrument above, the regulation
of Cyber Crime in Indonesia can also be seen in a
broad and narrow sense. Broadly speaking,
cybercrimes are all criminal acts that use electronic
means or with the help of electronic systems. This
means that all conventional criminal acts regulated in
the Criminal Code (KUHP) as long as they use the
help or means of electronic systems, such as theft and
human trafficking, can be included in the category of
cybercrimes in a broad sense. In a similar vein, both
criminal behaviors addressed under Law Number 3 of
2011 pertaining to Fund Transfers as well as acts of
money laundering covered in Law Number 8 of 2010
regarding Prevention and Elimination of Crimes of
Money Laundering.
However, in a narrower sense, the regulation of
cybercrimes is regulated in Law Number 11 of 2008
concerning Information and Electronic Transactions
(UU ITE) as amended by Law Number 19 of 2016
concerning Amendments to Law Number 11 of 2016.
2008 concerning Information and Electronic
Transactions. Similar to how the Convention on
Cybercrimes refrains from defining cybercrimes yet
subdivides them into groupings that reference said
Convention, the ITE Law also abstains from
providing a definition while categorizing such
offenses which allude to those outlined in the
Convention on Cybercrimes:
- Criminal acts related to illegal activities.
- Criminal acts related to interference.
- The criminal act of facilitating prohibited acts.
- Criminal act of falsifying information or
electronic documents.
- Additional criminal acts; And
- Aggravation of criminal threats.
The ITE Law not only regulates material cybercrimes
but also regulates formal cybercrimes. Article 42 of
the ITE Law dictates that probes into cyber offenses
must follow the procedures as outlined in the
Criminal Procedure Code as well as adhere to the
stipulations explicitly stated in the ITE Law. This
means that the provisions in the Criminal Procedure
Code remain in effect as long as they are not regulated
otherwise in the ITE Law. The things that
differentiate between the ITE Law and the Criminal
Procedure Code are:
1) Investigators who handle cybercrimes are from
the Indonesian National Police or Civil Servant
Officers ("PPNS") of the Ministry of
Communication and Information.
2) Investigations are carried out considering the
protection of privacy, confidentiality, smooth
running of public services, data integrity or data
integrity.
3) Searches and/or seizures of electronic systems
related to suspected criminal acts must be carried
out in accordance with the provisions of the
criminal procedural law.
4) When conducting searches and/or confiscation of
electronic systems, investigators are obliged to
safeguard the interests of public services.
Even While the digitization of law currently has
negative consequences that cannot be dismissed, it
would be remiss not to acknowledge that it has
likewise benefited the evolution of pre-existing legal
frameworks. one example is the existence of the
Republic of Indonesia Supreme Court Regulation no.
3 of 2018 concerning Electronic Administration of
Cases in Court which has been updated with the
Republic of Indonesia Supreme Court Regulation No.
1 of 2019 and most recently updated with Regulation
of the Supreme Court of the Republic of Indonesia
Number 7 of 2022 concerning Amendments to
Supreme Court Regulation Number 1 of 2019
concerning Electronic Administration of Cases and
Trials in Court. The existence of this regulation is a
form of realization of Presidential Decree no. 95 of
2018 concerning Electronic-Based Government
Systems. The existence of this regulation provides
progress in the trial process in Indonesia with the
presence of e-court. E-court is a service for
Registered Users for Online Case Registration,
Obtaining Online Estimates of Case Fees, Online
Payments, Summons made via electronic channels,
and Hearings conducted electronically. It is hoped
that this will be a solution to the problems of certainty
in trial times, affordability and the integrity of court
officials and users.
What is interpreted as an electronic trial is a series
of processes of examining and adjudicating cases by
a court which is carried out with the support of
information and communication technology. This
trial applies to the trial process with the presentation
of claims/petitions/objections/rebuttals/resi
stance/interventions along with amendments,
Positive and Negative Impact of Legal Digitalization in Indonesia
529
answers, replicas, duplicates, evidence, conclusions,
and pronouncements of decisions/determinations and
legal appeals. Regulations for electronic case and trial
administration in Article 3 paragraph (1) of the
Republic of Indonesia Supreme Court Regulation
Number 7 of 2022 concerning Amendments to
Supreme Court Regulation Number 1 of 2019
concerning Electronic Administration of Cases and
Trials in Court states that e cort applies to level courts
first and appeal levels for civil cases, special civil
cases, religious civil cases, military administration,
and state administration.
5 CONCLUSION
The existence of digitalization needs to be addressed
wisely, this is because the development of
digitalization in people's lives cannot be avoided and
must be faced by also developing digitalization of law
so that cyber crime prevention can be handled well.
And also future legal developments can be better and
the achievement of justice which must be carried out
quickly, simply and at low cost as well as freely,
honestly and impartially must be applied consistently
at all levels of justice.
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