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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