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CYBERLAW PRINCIPLES
In relation to determining the applicable law is known for some of the basic commonly used, namely:




  • Subjective territoriality, which emphasizes that the enforceability of the law are determined based on the place of the deed is done and the completion of follow-up pidananya is done in other countries.
  • Objective territoriality, which States that the applicable law is the law where the main result of the deeds that happened and give a very adverse impact for the country concerned.
  • Nationality who determines that a State has jurisdiction to determine the law based on the nationality of the perpetrator.
  • passive nationality jurisdiction based on nationality which emphasizes victims.
  • protective principle that States the enactment of law is based on the desire of the State to protect the interests of the State from crimes committed outside its territory, which is generally used when the victim is the State or Government,
  • Universality. This principle should obtain special attention related to the handling of cases of cyber law. This principle is also called as "universal interest jurisdiction". Initially this principle determines that each State has the right to arrest and punish the perpetrators of piracy. This principle was later expanded to include crimes against humanity (crimes against humanity), such as torture, genocide, air piracy and others. Although in the future the principle of universal jurisdiction this might be developed for internet piracy, such as computer, cracking, carding, hacking and viruses, however, to consider that the use of this principle is only imposed for very serious crimes on the basis of developments in international law.
    Therefore, cyber space is needed for a new law that uses a different approach to the law based on the boundaries of the region. Cyber space can be likened to a place that is limited only by screens and passwords. Radically, cyber space has changed the relationship between the legally significant (online) phenomena and physical location.
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THE PURPOSE OF CYBER LAW

Cyberlaw is urgently needed, to do with the crime prevention efforts, or the handling of the crime.
Cyber law will be the legal basis in the process of enforcement of the law against crimes by means of electronic and computer crime, including money laundering and crimes of terrorism.


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Presence of the information society which is believed to be one of the top agenda of the world community in the third millennium, among others, marked by an increasingly widespread utilization of the Internet in a variety of akiivitas human life, not only in developed countries but also in developing countries including Indonesia. This phenomenon is, in turn, has put "information" as a very important economic commodity and profitable. To respond to this development United States pioneer in the utilization of the Internet has changed the paradigm of its economy from a manufacturing-based economy into a service-based economy. This change marked by the decline of the traditional role of law materials and the increasing role of the raw marerial of a service-based economy i.e. information in American economy.


The emergence of a number of cases which is quite phenomenal in the United States in 1998 has led analysts and experts in the field of information technology to make the year as the moment that reinforces Internet as one institution in the mainstream American culture at this time. One of the cases that are phenomenal and controversial is the "Monicagate" (September 1998), namely the sexual scandal involving President Bill Clinton dengari Monica Lewinsky's former Apprentice clerk in the White House.

The world community a tantrum, because the report of the Independent Prosecutor Kenneth Star about Clinton and his affair Monica approx 500 pages later appeared on the Internet and can be accessed openly by the public. This case not only has demonstrated to the American public, but also the world of that particular stage in the lnternet do not will look like a double-edged sword.

The existence of the Internet as one of the institutions in the mainstream American culture more affirmed again with trafficking electronic (E-Commerce) predicted as a "great business future" (the next big thing). According to the American Department of Commerce estimates, the value of trade in this sector until the year 2002 will reach the number of US 300 billion per year.

E-Commerce fever is not only have plagued the developed countries like America and European countries, but also has become the trend of the world including Indonesia. There is even some kind of propensity is common in Indonesia, as if "cyber law" was synonymous with the arrangements regarding E-Commerce. In contrast to Monicagate, the E-Commerce phenomenon can be said to be capable of presenting a prospective side of the Internet.

It is obvious that the existence of the Internet in addition to promising a number of expectations, at the same time also give birth to new anxiety-anxiety, among others, the emergence of new, more sophisticated crimes in the form of "cyber crime", for example the emergence of porn sites and assault against the privacy of the person. Beside that, given the characteristics of the Internet that knows no territorial boundaries and fully operate virtually (maya), the Internet has also given birth to new activities that are not fully regulated by current laws (the existing law). This fact has been demonstrated to the public of the necessity of regulations governing activities involving the Internet.

On the basis of the above reasoning, the authors will try to discuss about the sense of "cyber law" and space in scope as well as to what extent – for Indonesia to anticipate the emergence of legal problems resulting from the utilization of the Internet is increasingly prevalent in Indonesia.

Cyberspace
To arrive at a discussion of cyber law, it first needs to be explained a term is closely associated with cyber law i.e. cyberspace (virtual spaces), because cyberspace will become the object or concern of cyber law. The term cyberspace for the first time introduced by William Gibson, a writer of science fiction (science fiction) in his novel called Neuromancer swallows the same term in his novel titled the other Virtual Light.

According to Gibson, the cyberspace "... was a consensual hallucination that felt and looked likea physical space but actually was a computer-generated construct representing abstractdata". On the next line with the widespread use of computers. The term was then used to designate a space electronics (electronicspace), a virtual community that is formed through a mutual communication in a network kornputer (interconnected computer networks). ' At this time, cyberspace as expressed by Cavazos and Morin was: "... represents avast array of computer systems accessible from remote physical locations".

Potential activities to do in cyberspace cannot be estimated with certainty given the advances in information technology that very quickly and may be difficult to predict. However, there are currently several major activities already carried out in cyberspace as the Commercial on-line Services, Bullelin Board System, Conferencing Systems, Internet Relay Chat, Usenet, EmaiI list, and entertainment. A number of the current activity can easily be understood by the general public mostly as activities conducted via the Internet. It can therefore be concluded that what is referred to as "cyberspace" that no other. the Internet is also often referred to as "a network of net works". With characteristics like this then there is also a mention of "cyber space" with the term "virtual community" or "virtual world".

For the purposes of this article hereinafter the cyberspace will be called with the Internet. Assuming that the activity on the Internet that cannot be removed from a human and a result of the ruling is also about the Community (men) who are in "physical word" (real-world), it then appears the necessity of thinking about the rule of law to govern such activities. However, given the characteristics of the activity on the Internet that is different in the real world, then appearing pro cons concerning whether the legal system can and tradisionalkonvensional (the existing law) that governs such activities. Thus, this is not a polemic about the need or whether a rule of law regarding the activity on the Internet, but rather questioning the existence of the traditional legal system in regulating activities on the Internet.

Pros and cons of regulation of activity in the Internet
In general the emergence of pros and cons can be or whether traditional legal systems governing activities on the Internet because the two things namely; (1) the characteristics of the activity on the Internet which are cross-border, so it is no longer subject to territorial limitations, and (2) traditional legal systems (the existing law) that is based on the territorial limitations is not considered adequate to address legal issues arising out of activity on the Internet. Pros and cons about this problem at least terbagai into three groups.

The first group in total rejects any attempt to make the rule of law for activities on the Internet that is based upon the legal system tradisionalkonvensional.
The term "legal system tradisionalkonvensional" writers use to refer to the applicable legal system today that is not yet considering the influences of the utilization of the Internet.

They reasoned that the Internet as a "paradise of democracy" (democratic paradise) which presents a vehicle for the presence of traffic ideas freely and openly should not be inhibited by rules that are based on the traditional legal system is based on territorial limitations. With the establishment of this kind, then according to this group of Internet should be governed entirely by the new legal system based on the norms of the new law are considered according to the characteristics inherent in the Internet. The main disadvantages of these groups is their menafikkan the fact, that although Internet activity that fully operate virtually, but still involve the Community (men) who live in the real world (physicalworld).

In contrast, the second group argues that the application of traditional legal system to regulate activities on the Internet is very urgent to do. Tanpaharus wait for the end of an academic debate about the legal system that is most fitting to regulate activity in the Internel. Pragmatic considerations based upon the widespread impact brought about by the Internet is forcing the Government to immediately establish the rule of law about it. For it is all most likely is to apply traditional legal system that is currently in effect.

The main disadvantages of these groups is the antithesis of the first group namely their menafikkan the fact that activities on the Internet presents a reality and a new issue which is a phenomenon typical of the information society are not fully responded to complaints by traditional legal systems.

The third group appears to be a synthesis of the two groups above. They argue that the rule of law that will govern regarding activity in the Internet should be formed in evolutif by way of applying the principles of "common law" that was done carefully and with emphasis to certain aspects in the activity of "cyberspace" that cause specificity in those transactions on the Internet. This group has a fairly moderate and establishment of realistic, because there are indeed some of the principles of traditional law still can respond to legal issues arising from Internet activity besides ju ga fact that some transactions on the Internet can not fully responded to complaints by traditional legal system.

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HISTORY OF CYBERCRIME
Perhaps you will be flabbergasted to read our interviews below regarding the history of cyber crime. But, trust me all this real solely and facts.
Cyber world or more commonly known by the term "Cyber Attacks" was started in 1988. In that year, a student successfully creating a worm or virus that attacks computer programs on and off about 10 of the entire amount of the world's computers connected to the internet.

Furthermore, in 1994, a boy School of music who was 16 years old, Richard Pryce, or better known as "the hacker" aka "Datastream Cowboy", a imprisoned due to enter illegally into hundreds of secret computer system including data centers from Griffits Air Force, NASA and the Korean Atomic Research Institute or agency Korea Atomic Research!


In interogasinya with the FBI, he admitted to learn hacking and cracking from someone who knew via the internet and make him a mentor, who has the nickname "Kuji". Amazingly, up to this time the mentor was not previously known to its existence.

Finally, in February 1995, Kevin Mitnick rewarded sentenced to jail for the second time. He was charged with the alleged theft of about 20000 credit card numbers! In fact, when she is free, she told of her condition in jail who should not be touching a computer or phone. This is perhaps one of the very, very frightened a carder Mitnick cool.

In Indonesia itself also actually progress in the field of cyber crime should be was two thumbs up. Although in the real world we are considered one of the underdeveloped countries, but a very resounding achievements have successfully written by hackers, crackers and carder. GA responsibilities-responsibilities, the result of "hard work" they had put Indonesia as the country's no. 2 credit card in case of theft in the world! Wonderful isn't it?

Not only that, the various crimes typosite aka profiteering website address of a company to be used for the sake of personal interests also ga lost to rampant. Call it the case of the theft of Martha Tilaar cosmetics company domain some time ago that was followed by other companies such as http: URwww.RedHat.or.id, Satelindo.co.id, BCA, http: www. 2800. com and the KPU.go.id site is the latest destructions done by Cory Firmansyah, Muhammaddiyah Yogyakarta University students!.



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Hacker History

Hacker appears in the early 1960s among the members of the Tech Model Railroad Student Club in the Artificial Intelligence Laboratory, Massachusetts Institute of Technology (MIT). The student group is one of the pioneers of computer technology developments and they operate with a computer mainframe. The word hacker first appeared with a positive meaning to refer to a member who has expertise in the field of computers and computer programs capable of better than that has been designed with.

Then in 1983, increasing hacker analogy to describe someone who has an obsession to understand and master the computer system. Because, in that year for the first time the FBI computer crime group captures The 414s are based in Milwaukee. 414 is their local area code. The group later called the convicted hacker break-ins over 60 computers, computers belonging to the Cancer Center of Memorial Sloan-Kettering to computers belonging to Los Alamos National Laboratory. One of the principals of getting immunity because of testimonialnya, while 5 other perpetrators punished probation.

Then on the further development of other group appears mentioning themselves hackers, but not. They (especially the male adults) who gets satisfaction through breaking into computers and outsmart the phone (phreaking). True hackers call these cracker people and don't like to hang out with them. A true hacker cracker looked as lazy, irresponsible, and not too smart. True hackers do not agree if it is said that by breaking through the security person has become a hacker. The hackers held every year that is held every mid-July in Las Vegas.


The event meeting of the world's largest hacker called Def Con., Def Con Event the event to exchange information and technology related to the activity of hacking.


The Notion Of Hacking
Hacking is a process to learn, analyze, and further if wanted, can create, modify, or even exploit the system contained in a device such as computer software and computer hardware such as computer programs, administration and other things, especially Security.
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Crime in Cyber world are already numerous and spread all over the world. A variety of terms, names, software, even many communities formed. This is done from a whim to seek profits. My article this time is understanding the various terms in the Cyber World in accordance with my experience.


Hacking
Hacking is an activity enters the system through other operating system run by hackers. The purpose to find holebugs in the system that will be accessed. In the sense of another lookout point system security. When the hacker managed to get on a system that, hackers can access any thing that hackers want. The activities of the system as well as the reshuffling of the crime.

Cracking
Cracking has the same principles with hacking, however its purpose tend to be not good. In General a cracker has a habit of ruining, retrieve data even important information. The usual cracking called Blackhat Hackers. Crackers tend to compromise the various system just for fun.

Carding
Same is the case with the cracking. Carder seek and steal account data that exist in the system for use by yourself or together with your fellow carder team. By using tools like software or not, carder can break down a very vulnerable system with online payments. Carder also including Blackhat Hackers. Carding was usually done in various places to shop online.

Defacing
From defacing web page revamp is an activity of others. Deface is sometimes just for kicks, test capabilities, even showing off his abilities. But sometimes the defacer many who steal website data before making changes the display on the website.

Most people are misinterpreting between hackers, crackers, carder, nor the defacer that equally called hackers. But they have a different meaning and purpose.

Hopefully Helpful ^_^
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