KAJIAN YURIDIS YURISDIKSI KRIMINAL TINDAK PIDANA SIBER PASAL 2 UNDANG - UNDANG NO 11 TAHUN 2008

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Evi Retno Wulan
Nynda Fatmawati Octarina

Abstract

Information technology in addition to bringing benefits and contributions to the community but on the other hand becomes a means of committing acts against the law. The legal problem that often arises related to information technology crimes is the conflict of jurisdiction between countries because it can be done by anyone, anywhere, borderless (unlimited) and anonymous (without names, no identity). Establishment and enactment of Law of the Republic of Indonesia No. 11 of 2008 concerning Information and Electronic Transactions (State Gazette of 2008 Number 58, Supplement to State Gazette Number 4843, hereinafter abbreviated to Law No. 11/2008) and Law of the Republic of Indonesia Number 19 of 2016 concerning Amendments to Law Number 1 Year 2008 concerning Information and Electronic Transactions (State Gazette of the Republic of Indonesia Year 2016 Number 251, Supplement to State Gazette Number 5952, hereinafter abbreviated to Law No. 19/2016), which is expected to overcome cyber crime which further troubles the public and guarantees certainty and utilization of cyberspace (cyber space) so that it can develop more optimally. Based on the provisions of Article 2 of Law No. 11/2008, Indonesia in addition to imposing criminal jurisdiction on territorial principles also imposes an expansion of the criminal jurisdiction of territorial principles and criminal jurisdiction of extra-territorial principles because it states the entry into force of Indonesian criminal law against perpetrators of offenses in Indonesia. In the provisions of article 2 of Law No. 11/2008 this does not affirm the enactment of subjective territorial criminal jurisdiction, which is very important in the eradication of cyber crime, which often begins in an area of ​​the country and its effect is in another country. The author seeks to uncover juridical issues that arise with regard to the provisions of article 2 of Law No. 11/2008 which regulates the provision of cyber crime criminal jurisdiction.

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