Nama : Evans Berpin Brahmana

Npm : 1910631010101
Kelas :F
Mata Kuliah : Bahasa Inggris Hukum
Dosen : Dr. Asep Saripudin, S.H., M.H.

Resume
THE DYNAMICS OF TELEMATIC LAW CONVERGENCE IN THE NATIONAL LAW
SYSTEM
BY: PROF. DR. AHMAD RAMLI, S.H. M.H., F.C. ARB (DIRJEN OF POST AND
INFORMATICS MANAGEMENT, MINISTRY OF COMMUNICATION AND
INFORMATICS, TEACHER OF FH UNPAD)
Preliminary
The very rapid development of science and technology in the last five years has had an impact on
the level of human civilization which has brought about a major change in shaping the patterns
and behavior of society. The very rapid advances in science, among others, occur in the fields of
telecommunications, information, and computers. The term information technology has actually
started to be used widely in the early 1980s. This technology is a development of computer
technology combined with telecommunication technology. The use of information technology
that is rife today has indicated that the civilization of information technology, which is a
characteristic of the third wave of society, has appeared. Next is the third wave of civilization
which is now beginning to take shape. The trend of continuing to develop technology, of course,
has various implications that must be anticipated and also watched out for. Second, various
forms of technological developments that give rise to new operations and services must be
identifiable in the context of anticipating solving various technical problems that are considered
new so that they can be used as material for the preparation of various Implementing
Regulations.
Convergence in Telematics and the ITE Law
One of the results of convergence in the field of telematics is activity in the cyber world which
has broad implications for all aspects of life. The problem that arises is how to use it there is no
offense that causes legal problems. This is felt by the existence of various deviant uses of various
forms of information technology, so that it can be said that information technology is used as a
tool to commit crimes, or vice versa, users of information technology are made targets of crime.
So that the resulting impact can be so fast, even very devastating . Even though they are virtual,
cyber activities can be categorized as real legal acts and acts. Cyber activity is a virtual activity
that has a very real impact even though the evidence is electronic. The most widely used
applications of cyber activities are electronic transactions, so that online transactions are
currently the most current issue. Without strict and sophisticated security, the development of
information technology does not provide maximum benefits to the community. The information
security approach must be carried out holistically, therefore there are three approaches to
maintaining security in cyberspace, the first is the technology approach, the second is the socio-
cultural-ethical approach, and the third is the legal approach . One step that is deemed important
to overcome this is the creation of legal guidelines contained in the Law on Electronic
Transactions and Information (Law No. 11 of 2008 which is referred to as the ITE Law). With
the ITE Law, it is hoped that all current problems related to activities in cyberspace can be
resolved in the event of disputes and violations that cause losses and even victims of activities in
cyberspace. The provisions stipulated in the ITE Law, although in general the regulation, are
quite comprehensive and accommodate all matters related to the cyber world . Transnational
legal aspects, because this law clearly regulates the scope not only in Indonesia but beyond
national borders. Aspects of criminal law, regulating Crime (crime), Aspects of Civil Law that
regulate transactions in the business sector. We have to admit that the ITE Law has also been
heavily criticized. Besides all the advantages and benefits of the Internet, the use of this virtual
global network has the potential to have serious legal implications and concrete steps are needed
to overcome problems that arise as well as to anticipate various legal problems in the future.
With a legal approach that is currently based on Law no. Some of the legal problems identified in
the use of information technology range from fraud, violations, breach of confidential
information, fraudulent competition to crimes that are criminal in nature. These incidents often
occur without satisfactory resolution of the existing laws and investigative procedures. Likewise,
Electronic Signatures have legal force and legal consequences. a letter which according to the
law must be in writing; and b. In relation to the Implementation of Electronic Certification and
Electronic Systems, and c. things that can be used to show the validity and security of the
Electronic Signature the obligation to provide Electronic Certification is an important matter
regulated in this Law, for example Electronic Certification Providers must y provide accurate,
clear and definite information to every service user, which includes: a. the method used to
identify the Signers; b. Electronic transaction affairs regulated in Articles 5 to 22 of the ITE Law
are at the core of civil and business matters.
The ITE Law in the National Legal System
The existence of a new form of law as a result of the influence of technological developments
and globalization is an enrichment of sectoral law fields. This of course will be a separate legal
dynamic that will become part of the national legal system. According to the subekti system is an
orderly arrangement or order, a whole consisting of parts related to one another, arranged
according to a plan or pattern, the result of a thought to achieve a goal [. In the mindset conveyed
by Sunaryati Hartono, the system consists of a number of elements or components or functions /
variables that always influence, are related to one another by one or several principles and
interact. The national legal system basically does not only consist of mere legal norms or norms,
but also includes all apparatus and organizations, legal mechanisms and procedures, legal
philosophy and culture, including the legal behavior of the government and society. Sunaryati
was actually directed at replacing Dutch colonial laws in addition to creating new legal fields
that were more suitable as the basis for the Indonesian nation to develop. Based on a systemic
viewpoint, the National Legal System includes various sub-fields of law and various forms of
applicable law, all of which originate from Pancasila. It is endeavored to attempt the diversity of
laws that previously occurred in Indonesia (legal pluralism) to be transformed in fields of law
that will develop and be developed (ius constituendum). These areas of law are the focus of
attention to the development and development of National Law towards the order of Modern
Indonesian Law which is rooted in customs (last circle), jurisprudence (fourth circle), statutory
regulations (third circle), UUD 1945 (circle second), and Pancasila as the source of all sources of
law. When viewed from the image above, especially in the fifth circle, various new fields of law
will appear. Sunaryati anticipated this by writing down other areas of law. Quoting the views
expressed by Prof. And, this is a dynamic of convergence that gives birth to new laws.
Closing
in fact, it is inevitable that sectoral legal developments have become a reality. Something that is
sectoral in general often goes without looking at the interests of other sectors. In order to carry
out the development of national law aimed at the formation of a national legal system, studies on
various issues that are part of the task of legal guidance are continuously made so that the law
can run well.

Questions
1. What is meant by cyber activity?
Cyber activity is a virtual activity that has a very real impact even though the evidence is
electronic. Thus, the perpetrator subject must also qualify as a person who has actually
committed a legal act.

2. What are the 3 approaches to maintaining security in cyberspace?

the first is the technology approach, the second is the socio-cultural-ethical approach, and
the third is the legal approach.

3. What is the purpose of establishing the ITE law?

With the ITE Law, it is hoped that all current problems related to activities in cyberspace
can be resolved in the event of disputes and violations that cause losses and even victims
of activities in cyberspace. Therefore, the ITE Law is a form of protection for all people
in order to guarantee legal certainty, where previously this was a concern for all parties,
especially with regard to the emergence of various electronic-based activities.
4. What are the problems that occur in the use of information technology?
Some of the legal problems identified in the use of information technology range from
fraud, violations, breach of confidential information, fraudulent competition to crimes
that are criminal in nature. These incidents often occur without satisfactory resolution of
existing laws and investigative procedures. Of course, this is a challenge for law
enforcers.

5. What is the role of the ITE law in the national legal system?
Quoting the views expressed by Prof. Sunaryati, it would be perfect if at this time it was
true and the presence of information technology was the result of the convergence of
telecommunications, media and computers so that a medium known as the internet
emerged. Upon that, a new legal regime was born called cyber law. And, this is a
dynamic of convergence that gives birth to new laws. In terms of substance, the
development of cyber law must also anticipate various forms of technological
development.