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CYBERLAW PRINCIPLES

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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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