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

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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