UU ITE: Privacy VS Secure Feeling

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d UU ITE: Privacy VS Secure Feeling
It can’t be denied that this world is facing the era of globalization, where all the
things are borderless and easier to access. How this world could come to this era? Of course
it’s caused by the modern science of communication, information, and technology.
In line with the era of the globalization, a country certainly has the technology for
being applied. One of the countries in the statement here is Indonesia. Indonesia is one of
the developing countries that rely on communication and technology in every aspect. One
problem that stands out was when people started to realize that technology like a sharp
knife double edged, where technology can facilitate all their affairs but also still contains
risks which can’t be denied, which is criminality.

As one of the country with the largest technology users in the world, Indonesian
government thinks that they need to have the Act which set about its use to minimize the
existence of abuse. So on March 28 th 2008 the government legitimizes the Act about
Electronic Information and Transactions.
The legislation was controversial from the various parties in the process. In this
paper we will describe with in-depth analysis about the point of view of our group about
legislation of electronic information and Transactions. We will examine this issue by the
SWOT (Strength, Weakness, Opportunity and Threat) analysis.
The law on Electronic information and Transactions are the conditions that could be
applied to every person who did the deed law as set forth in this Act, both in the area of the
law of Indonesia and outside areas of the law of Indonesia, which has the effect of law in the
area of Indonesia.
This act generally sets about:
• General terms
• Principle and objectives
• Information, documentation, and a signature of electronic certification electronic
• Organizers of electronic certification and electronic system
• Domain names, INTELLECTUAL PROPERTY, and protection of Privacy Act that
prohibited
• Dispute settlement
• The role of Government and the role of the Community
• Criminal investigations
• Criminal terms
• Transitional terms
• Provisions cover
This act has several aspects for being analyzed, that is:
1. Strength
The positive side of this act is, this act has been legitimated by the Government, so
that legislation can be referred to as positive law or law which has the binding power
to all citizens of Indonesia. This Act regulates a variety of legal protection over
activities that use the internet as the medium, both transactions as well as the usage
of the information. On this act is also set up various threats of punishment for the
crime via the internet. ITE act accommodates the needs of the business on the
internet and society at large in order to obtain legal certainty, with the use of
evidence in electronic and digital signatures as valid evidence in court.
2. Weakness
The downside of this Act is the law is only a material law, which also required a
formal law to support the technical core of the Act. The absence of formal legal rules
to complete a full backup of this Act makes the Act is still have a lot of holes. One of
the problems is the absence of clear rules about the holder of authority clear on who
is entitled to monitor data traffic over the Internet.

3. Opportunity
In terms of opportunity, we can see positive thing with the existence of this Act, i.e.
the aspects of community’s life is assured by the decrease in the number of abuse
the internet significantly. This can bring the country forward, and bring a sense of
security in the community because of the depletion of cyber crime and various other
annoying things that happen through the medium of the internet.
4. Threat
The no less serious part threat of this Act is also exist. With the public's desire to get
a sense of security from piracy, personal identity theft, hacking, cracking, etc,
certainly needed here is the presence of someone who closely watches the data
traffic over the Internet. By doing so, of course people should know what the
contents of the traffic data are in order to report the violation. But by then, all the
secret data stored by the Internet vulnerable to experiencing leakage (confidentiality
violation). So should people be in charge of overseeing the data traffic had to be tied
to the agreement and clear rules. This agreement should provide a description of
violations and sanctions are clear, so it can guarantee there will be no data leakage
that occurred. This is what we have found there’s no formal law supporters.
Thus, it can be proved that there are still many weaknesses of this ACT that can be
made into consideration. Our group is disagree with the launch of this weak legislation. But
if this ACT may be re-examined and equipped, we are confident the community will feel
satisfied and can trust with the implementation of this ACT.

Is there anything that needs to be re-examined and completed? According to the US,
which is not yet available is the existence of clear rules of supporters and describe who the
holder of the authority.

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f

it’s caused by the modern science of communication, information, and technology.

risks which can’t be denied, which is criminality.

Electronic Information and Transactions.

SWOT (Strength, Weakness, Opportunity and Threat) analysis.

This act generally sets about:

• Principle and objectives

• Information, documentation, and a signature of electronic certification electronic

• Organizers of electronic certification and electronic system

• Domain names, INTELLECTUAL PROPERTY, and protection of Privacy Act that

evidence in electronic and digital signatures as valid evidence in court.

is entitled to monitor data traffic over the Internet.

annoying things that happen through the medium of the internet.

secret data stored by the Internet vulnerable to experiencing leakage (confidentiality

satisfied and can trust with the implementation of this ACT.

holder of the authority.

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