Juridical Review of Application of Article 27 Clause (1) of Indonesian Law Number 11 /2008 Concerning Electronic Transaction and Information As a Base of Judge Verdict

Nurrahman Hakim, Edi Setiadi Hz, Eka Juarsa

Abstract


This case involve a phrase of “Moralityâ€, beginning by the accusation of Haska Etika, Wisni Yetti’s husband, that Wisni Yetti was entering into an immoral chatting on facebook with Nugraha Mursyid, her old companion or fellow lower secondary school friend. Haska Etika suspect his wife once he break open her cellular phone, that Wisni Yetti was establishing a chatting with Nugraha Mursyid in inbox or messenger constituting tool or media in facebook application. Under the conversation Wisni Yetti as if have an intimate contact in cyberspace with her old companion, Nugraha Mursyid. This study is designed to know elements of Article 27 Clause (1) of Indonesian Law Number 11/2008 concerning Electronic Transaction and Information and to understand legal judgment by Court of First Instance and Appellate Court of Bandung as a base of judge verdict. Method used by author in this study is normative juridical method and qualitative analysis, normative juridical because this study investigate data based on the existing problems as positive legal norm and relevant to the problems, while qualitative analysis is to analyze regulations without the use of formula and figure. This study concluded that application of Article 27 Clause (1) of Indonesian Law Number 11/2008 concerning Electronic Transaction and Information stating that Defendant, Wisni Yetti, was decided by Court of First Instance, Bandung, as proven legally and convincingly to be guilty in conducting criminal act and passing punishment to Defendant, Wisni Yetti, in jail for 6 (six) months and decided by Appellate Court of Bandung, stating Defendant, Wisni Yetti, is not proven legally and convincingly to be guilty in conducting criminal act and the case is in the process of appeal to the supreme court.


Keywords


Electronic Transaction and Information, Immoral, Judge

References


E Utrecht, Hukum Pidana 1, Pustaka Tinta Mas, Surabaya, 1986.

Dikdik M. Arief Mansur dan Elistaris Gultom, Cyber Law: Aspek Hukum Teknologi Informasi, Cetakan Pertama, PT Refika Aditama,Bandung, 2005.

Marjanne Termorshuizen, “The Principle of Legality†dan “Asas Legalitas dalam Hukum Pidana Indonesia dan Belanda†dalam CourseMaterial Refreshing Course of Criminal Law“Same Root, Different Developmentâ€, Fakultas Hukum Unpad dan ASPEHUPIKI, Bandung, 2006.

Sigit Suseno, Yurisdiksi Tindak Pidana Siber, Cetakan Kesatu, PT Refika Aditama, Bandung, 2012.




DOI: http://dx.doi.org/10.29313/.v0i0.6530

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