Aspek penting pembentukan hukum teknologi informasi guna menanggulangi kejahatan korporasi

Zaki, Mohamad (2006) Aspek penting pembentukan hukum teknologi informasi guna menanggulangi kejahatan korporasi. Masters thesis, Universitas Pelita Harapan.

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Abstract

Booming trend in internet trading and business signifies development in technology specifically information technology in Indonesia. That leads to advancement in people's way in thinking not only in positive measure, but also in negative measure. Criminal behavior improves itself from a conventional crime or physical crime to a non physical crime or what we understand as white collar crime. Victim to this crime varies: individuals, corporations, or government. The same goes to Law offenders, they are not restricted to individuals, but also corporations. In this thesis, the writer aspires to understand how far Kitab Undang-undang Hukum Pidana (KUHP) in Indonesia controls crimes relating to information technology, the urgency for an information technology crime regulation to be created, and what exertion could be taken to prevent this specific crime. There has been no specific regulation that controls crime in information technology, as well as electronic transaction. That becomes an obstacle for law enforcement to eradicate the crime. At the same time a number of difficulties arise: evidence verification process, legality issues in crime law, considering Indonesia's crime law prohibits the use of analogies. Consequently, an article in the crime law that regulates physical crime has to be translated to apply to non physical crimes. In association to that, the writer provides general examples of information technology crimes like hacking or domain naming, and measures the examples to conventional crimes such as breaking an entry, or robbery. The writer questions whether KUHP could be applied to information technology crimes, i.e. article 362 and 167 (1) considering that KUHP is the only basis to tackle crime acts. Applying KUHP to information technology crimes requires interpretation method and analogy which in legal aspect is illicit. The urgency for modeling an information technology law in this thesis can be examined from many legal aspects such as civil law, intellectual property rights law, criminal law, banking law, business competition law, and others. Information technology law is in urgency due to the advancement of human behaviors and existing regulations that are inapplicable. This thesis also explains about the effort to handle information technology crime by means of technological prevention and cure, management in human resources and juridical effort. Without the three means of attempt, this type of crime will continue to evolve within community.

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