Cybercrime 'beyond RI law'<\/p>\n
Muninggar Sri Saraswati, The Jakarta Post, Jakarta<\/p>\n
Cybercrime has become an enigma for Indonesian legal experts
\nbecause there simply is no law on the books which addresses
\ncybercrimes, nor has the term cyberlaw itself even been defined,
\na criminal law expert testified in the first cybercrime case ever
\nhere on Wednesday.<\/p>\n
University of Indonesia scholar, Loebby Loeqman, appeared at
\nthe Central Jakarta District Court as an expert witness during
\nthe trial of Tjandra Sugiono.<\/p>\n
Tjandra, a former general manager of international marketing
\nat PT Martina Berto, is being tried for allegedly registering the
\ndomain name of the company's main competitor PT Mustika Ratu.<\/p>\n
He is charged with violating article 382 of the Criminal Code
\nwhich deals with fraudulent competition. The article carries a
\nmaximum penalty of one year and four months in jail.<\/p>\n
\"There is no cyberlaw here at the moment. It is still being
\ndiscussed by scholars,\" Loebby said, adding that a formal
\ndiscussion will be held next January.<\/p>\n
According to Loebby, who was also a defense witness,
\nIndonesian courts are only able to utilize regulations of the
\ndomain name administration, the Internet Corporation for Assigned
\nName and Number (ICANN), if the country has ratified it.<\/p>\n
\"Until a cyberlaw is established, should there be a case
\nrelated to the cyber world, it should be regarded as a civilian
\ncase,\" he argued.<\/p>\n
Last week, PT Mustika Ratu presented another expert witness,
\nMurgiana Haq, who told the hearing that ICANN regulations could
\nbe stipulated in any country around the world. According to the
\nregulations, cybercrime could be brought before the civilian or
\ncriminal courts.<\/p>\n
Murgiana is the President of the Singapore-based Asean
\nIntellectual Property Association.<\/p>\n
The trial will resume on Thursday.<\/p>", "url": "https:\/\/jawawa.id\/newsitem\/cybercrime-beyond-ri-law-1447893297", "image": "" }, "sponsor": "Okusi Associates", "sponsor_url": "https:\/\/okusiassociates.com" }