Haemiwan Z. Fathony – BLEMBA 9 / Syndicate No.

8
Academic ID: 29111104 / Email haemiwan@sbm-itb.ac.id
Subject: Resume on the lecturing material on “Cyber Law”

The subject of Cyber Law in Indonesia is mainly discussed in The Electronic Information and
Transaction Law (UU-ITE) No. 11/2008 and accentuated on several regulations such as
Telecommunication Law No. 36/1999, Broadcasting Law No. 32/2002, Pornographic Law No.
44/2008, The Indonesia Penal Code (KUH Pidana) and rooted on the Indonesian Constituion,
UUD 1945. The main paradigm shift after the issuance of UU ITE No. 11/2008 is that the
electronic evidence is now valid. The Law has recognized that the electronic information and/or
electronic documents and/or the device output are valid for legal evidence (article 5, point 1-2).
But the Law also exempts the letter that according to the Law must be made in writing and
letters and documents which according to the Law must be made in notarial deed (article 5,
point 4).

The objective of the Indonesian Cyber Law is to secure the intellectual life of the nation as part
of the whole information society, develop trade and national economy in order to improve
community welfare, improve the effectiveness and efficiency of public services, open widest
opportunity to every person to advance capability and way of thinking in the use of IT with
optimal utilization and responsible, and to provide a sense of security, justice and legal
certainty for the users and organizers of IT. It relies on the principle of legal certainty, benefits,
prudence, good faith, and freedom to choose technology (technology neutral).

The Law also regulates the provision of E-Signature, Electronic Certificate, Electronic Systems,
Electronic Contracts as well as the behavior of participating parties to guarantee the
authenticity of the electronic transactions. It should work under the widely known principles in
the e-commerce business: privacy (information must be kept from unauthorized parties),
integrity (message must not be altered or tampered with), authentication (sender and recipient
must prove their identities to each other), and non-repudiation (proof is needed that the
message was indeed received).

Recognizing the widespread use of the Internet, the Law also regulates several matters related
to the Internet business such as domain name management, aligning it with the trade mark and
intellectual property protection principles. Learning from past evidences, the Law regulates the
domain name administration as public matters and the government has the right to intervene
on the basis of public concerns. Beside the intellectual property right, the Law also put some
concerns on the cyber piracy on trade secret, copyright and trademarks. It also defines that
prohibited acts under the Penal Code is also applicable in the cyber business, as well as defining
some unlawful actions that specifically related to the electronic systems. It also extents the
regulated matters under the Indonesia Civil Code (KUH-Perdata) to be applicable in its
electronic form as well.

The Law also regulates both the lawful and unlawful interceptions over the electronic medium.
It is prohibited to do the interception not in accordance to the authority and the right to do so
by the relevant law enforcement agencies.

Course : MM – 7006 (Business Ethics and Law) P a g e |1

Date : 11 February 2011