COMMUNICATION ETHICS AND PROFESSIONAL ETHICS

ASSIGMENT 2

By:
Name : Yoseph Martin Lay
NIM : 41519010198

Mercu Buana University Meruya Jakarta

Faculty of Computer Science
Department Informatics
 I. PRELIMINARY

A. Background

Basically every law made by legislators law is a legal answer to the problems of
society at the time the formation of this law. Along with the development of people's
needs in the world, technology information plays an important role, both now and in the
future to come. Information technology drives demand for technology products
information, the second is to facilitate business transactions, especially financial business
besides other businesses. Information technology by itself also changes people's
behavior.
The development of information technology has caused the world to be without
borders and causes rapid social change. Actions against the law in Law Number 11 of
2008 About Information and Electronic Transactions, crimes in information technology
called Cyber Crime. In Indonesia, there are many cases related to cyber crime
( cybercrime ). One example of a cyber crime case that occurred in Surakarta, which one
In the proof, there are obstacles in the case of an intruder email password, which is where
the person suffers the loss up to billions of rupiah, because the email is a transaction tool
in the company the. Thus, in practice, proof is in criminal law is something that has a
very vital role, considering that in the Criminal Procedure Code (Kitab Criminal
Procedure Law) the role of evidence is very influential on judge's consideration. Every
obstacle that arises makes law enforcers be confused to conclude a matter in the field of
Technology Information, which is digital evidence.

B. Limitation and Problem Formulation

So that the writing of this thesis leads to the expected discussion and focused on the
specified problem, and there is no understanding who are blurred because their scope is
too broad, it is necessary restricting the problem. This research will be limited to cyber
legal aspects Crime and Evidence in Cyber Crime cases that occur in the region
Karisidenan Surakarta and Sleman, Yogyakarta. With the problem statement as follows :
1. What is the system of proof against cyber crime?
2. What is the position of electronic evidence in an effort to eradicate it cyber crime?

C. Research Objectives

Based on the problem formulation above, that is the goal this research is:
1. To know the system of evidence in combating cyber crime.
2. To determine the extent of the role of electronic evidence in eradicating cyber crime.
 II. DISCUSSION

A. Evidence in Criminal Procedure Law

Article 183 KUHAP reads as follows: "The judge may not impose a sentence on a
person unless with at least two valid pieces of evidence he obtains the belief that a
criminal act actually occurred and that the accused was guilty of doing it ”. The
provisions above are to ensure the upholding of truth, justice and legal certainty for
someone. To be able to pass the sentence hinted at 2 conditions are met, namely:
1. Valid evidence (wettige bewijsmiddelen).
2. Judge's conviction (overtuiging des rechters).
Called first and second to each other are related in such a way, in the sense that the
latter is born of the first. Corresponding with this, we also say that there is a valid belief
(wettige overtuiging), or belief obtained from valid evidence (wettige bewijsmiddelen).
Only one piece of evidence, for example with a statement from a witness, no valid
evidence is obtained, but it must be with a description of several evidences. Thus, the
words "valid evidence means" have power in the same sense as "valid evidence". Apart
from such evidence, it also requires the judges' confidence obtained or arose from "valid
evidence". (wittig bewijs). What is meant by evidence can be seen in Article 184
paragraph (1) KUHAP, are as follows: Valid evidence is:
a. Witness testimony;
b. Expert statement;
c. Letter;
d. Instructions;
e. Statement of the defendant.
Proof is impossible and absolute truth can be reached (absolute). The only one that
can be hinted at and what is now done is there is a high probability that the defendant was
guilty of the alleged acts, whereas its infallibility, although there is always possibility, is
something that is not acceptable at all. Karim Nasution said that "if the judge is based on
evidence lawyers have believed that according to experience and circumstances are
acceptable, that a criminal act has actually occurred and the defendant in this case is
guilty, then there is perfect evidence, namely valid evidence and reassuring ”. It is
concluded that any evidence should be considered incomplete, if the judge's conviction is
based on evidence which is unknown in law, or on insufficient evidence, for example
information only from a witness, or because of his belief about it itself does not exist.
The judge did not get this conviction from various circumstances which he knows
from outside the trial, but must obtain it from the valid evidence is found in the trial, in
accordance with the conditions specified in the law, for example in the event that the
defendant is not confessed, with testimony from at least two people who had sworn in
legally. If the judge from valid evidence does not obtain conviction, then he has the
authority to pronounce a verdict on acquittal of the charges Thus, for example, even
though 10 witnesses testify on oath that they have seen someone burn down the house, the
judge has not obliged to pass a sentence, if he is not sure that the testimonies is absolutely
trustworthy, and therefore the purpose of criminal proceedings is to seek and find material
truth, then he will release the defendant.
It must be remembered that the judge's conviction did not arise withitself alone, but it
must arise with valid evidences called in statute and not in other circumstances. You can't
 accountable for a decision even though the evidence is sufficient legally, the judge
casually stated that he was not sure, and because that he released the suspect, without
further explaining why he was not sure of that.
Truth is usually only about certain circumstances already in the past. The longer that
time passes, the harder it is for judges to states the truth of the circumstances. Hence the
experience wheel on the world may not be reversed again, it is one hundred percent
certainty, that what the judge would believe in a very appropriate situation truth, it is
impossible to achieve. So the Criminal Procedure is actually only possible directs the way
to strive to approach as many conformities as possible between the judge's conviction and
true truth.
The judge is an ordinary human being who can certainly be mistaken determine his
conviction about the goods, and again because of the verdict a criminal judge can pierce
the interests of the defendant, who by society is upheld, namely soul, body,
independence, honor and wealth of a defendant, so there are several streams in the world
from time immemorial until now about what is considered good formulation of a
regulation
Law of Evidence in Criminal Procedure. Before describing these traditions it is best to
mention the divisions the law of proof at the Criminal Procedure in 3 parts, namely:
1. "Explanation of the evidence that can be used by the judge to get an overview of
the past criminal events (opsomming van bewijsmiddelen).
2. Describing the ways in which the evidence was used (bewijsvoering).
3. The evidentiary strength of each of the evidence items (bewijskracht der
bewijsmiddelen) ”.
The difference between the schools mentioned above does not really concern the 2nd part
namely how to use evidence, but regarding part 1 regarding the mention of evidence, and
especially regarding the 3rd part regarding power of proof. Wirjono Prodjodikoro said
that in the criminal procedure law known 3 theories of proof are:
a. "Sheer belief system,
b. The system is only according to law (Positief wettelijk),
c. According to the law up to a limit (Negative wettelijk) ".

B. Electronics As Evidence In Cyber Crime

When reviewed Law No. 11 of 2008 concerning Information and Electronic

Transactions, which have been in effect since April 21, 2008, are the provisions a
sensational and very exclusive law. It is said so because it is seen from the quality of the
punishment with the punishment prison terms ranging from 6 years to 12 years and with
fines ranged from 1 billion to 12 billion. Judging from the amount of punishment, both
imprisonment and fines which the public may not be able to pay, will result experience as
at the time of Law No. 14 of 1992 concerning Law on Traffic and Road Transportation
which is the law its implementation has been postponed.
Dr. Siswanto Sunarso, SH. MH. Kn wrote: "The delay in implementing the law is due
to the public consider the penalties are quite heavy. Imagine, society motorists / cars that
do not carry SIM / STNK and types other violations were subject to fines of up to
millions at that time considered very spectacular. Finally in implementation in the field
the imposition of fines is adjusted to the economic conditions in the region.
Referring to that experience, the possibility of law no. 11 years old 2008 will also
have the same fate as Law No. 14 of 1992. One thing that is feared, is inclined to turn to
seek violation of law no. 11 of 2008 compared to the Criminal Code. This is based on
experience and the hypothesis that the higher the sanctions are criminal sanctions and
fines, will increasingly deep business land law enforcement." 
Substantially, Law No. 11 of 2008 regulates two main things namely the problem of
electronic information and electronic transactions. Recent developments in the use of
electronic information have provided convenience and benefits. In addition, the
dissemination of this electronic information flow is also used for the arena to find new
friends which is known as the current facebook loved by teenagers.
Nowadays to prevent collusion, corruption and practices nepotism several government
agencies have implemented a system no body contact such as agencies of the Ministry of
Law and Human Rights, Notary Bodies and Land Deed Making Official (PPAT) where
the applicant is the only candidate sending application files through counters and
announcements whether it is accepted or not announced through the printed mass media
or via e-mail so that information can be accessed. Acts prohibited by this law are related
to electronic information is distribute or transmit or create can be accessed electronic
information whose contents violate decency, contents of gambling, insulting or
defamation or extortion and / or threat. In addition, this electronic information
dissemination also used to insult or defame such as in Prita Mulyasari's case by means of
e-mail even though it was limited to confiding to his friends. While the distribution of
electronic information for extortion and / or threats such as the case of Antasari Azhar
admitted that he often received threats from Nasrudin Zulkarnain.
It is realized that crimes are in the field of electronic information and / or Electronic
transactions today in Indonesia are very apprehensivethe impact is already global. On the
other hand, national banking in Indonesia is both government and private competing to
use electronic information channels and / or documents electronil to improve services to
its customers through the system electronic banking. The use of electronic banking has
two poles that converge in this electronic transaction.
This service does not always have to be done face to face with customers. Another
facility is to move transaction services to channel that is self service. In activities, access
is not only from the location of the bank, but also from where just to make it easier for its
customers. Banking transactions are increasingly becoming very easy with take advantage
of the convenience of service enjoyment.
a. "Can be accessed by GSM and CDMA users who work with various telephone
operators
b. Can be used without the need for a sim card and this service can be used without the
need for a special sim card
c. Layered security system, where banking transactions are completed with transaction
PIN and SMS Authenticator for transaction security;
d. Choice of language, customers can choose Indonesian or language UK in
transactions;
e. The account number is saved automatically. To facilitate transactions hence, the
entire list of own accounts, destination accounts and payments saved automatically.
f. Forex buying and selling. The 10th foreign currency buying and selling transactions
that are eligible held from 08.00-15.30 every day with very rich exchange rates
competitive;
g. Transfer to whole bank. Transfers between all banks in Indonesia through the
ALTO network and ATM together (real time) and clearing (off line)
h. Payments and purchases. Serving payments from PLN, Telkom, Cellphone (GSM /
CDMA), credit cards, insurance loans, internet, pay TV and purchase of top-up
credit (GSM / CDMA);
 i. Information. Can find out balance information, last five transactions, rates interest,
foreign exchange rates, credit card bills and revard points
j. Tracing transactions (Past Transaction Inquiry). View transaction status prior based
on the type and time of the transaction. 
Banking transactions through electronic channels are built through the system
premium access includes several networks, namely ATM mobile banking, call centers,
internet banking, internet banking business. Each of these channels has their respective
duties are interrelated. For example, the call center section serves a simpler and more
informative IVR transaction flow, improve performance agent and serve seven days a
week. Apart from electronic transaction activities through banking services are also
carried out transfer of state institutions such as BUMN Telkomsel, PDAM, taxation and
others in where in bill payment the transaction has been used electronic.
In other business circles, for example, travelers who are doing business in the field
purchasing services for airplane tickets, trains, ships and other means as well has made
use of the online system. Hotels in most major cities too have utilized or have become the
service standard of star hotels take advantage of this electronic transaction from the room
booking system, payment hotel bills and so on. In addition, business activities in malls,
bookstore, shopping centers such as Alfamart, Carrefour, Giant, Hero, Matahari,
hypermart, macro and others have taken advantage of transaction services electronics and
has changed the behavior of people's lives. Because of that Law No. 11 of 2008, in article
5 states:
1. "Electronic information and / or electronic documents and / or results the print is
valid legal evidence;
2. Electronic information and / or electronic documents and / or results print as
referred to in paragraph (1) is an extension from valid evidence in accordance
with the applicable law of procedure in Indonesia;
3. Electronic information and / or electronic documents are declared valid when
using an electronic system in accordance with the provisions which is regulated in
this law.
4. Provisions regarding electronic information and / or documents electronics as
referred to in paragraph (1) does not apply to:
a. Letters which according to the law must be made in written form; and
b. Letters and documents that comply with the law must be made in the form of a
notary deed or deed drawn upby the deed maker official.
Electronic information as a data or set of electronic data which has been processed
which has meaning or can be understood by capable people understand it. Electronic
information and / or electronic documents including printouts are as a means of legal
evidence when using an electronic system. Electronic system according to law no. 11 of
2008 is a series electronic devices and procedures that serve to prepare, collect,
processing, analyzing, storing, displaying, announcing, sending and / or disseminating
electronic information. The material of the provisions of Article 5 Law No. 11 of 2008
strictly states that electronic information is valid legal evidence includes electronic
information and / or electronic documents and / or printouts thereof.
What is mentioned in the provisions of article 5 is an extension of the evidence which
is legal according to article 184 of the Criminal Procedure Code.
Paradoxaliteit against the foregoing provisions, that provisions regarding information
and / or electronic documents does not apply to letters that are according to the law, it
must be made in writing and in a letter together documents which according to the law
must be made in the form of a notarial deed or deeds made by the deed maker official.
Likewise, in the event that there are other provisions in Article 6 which require this the
information must be in written form or original then electronic information and / or
electronic documents are considered valid, as long as the information listed on it can be
accessed, displayed, guaranteed its integrity and can accounted for so that explains a
situation.
Elucidation of Article 6 of Law No. 11 of 2008 explained that: "So far, the written
form is identical to the information and / or documents stated on paper only, even though
in essence information and / or documents can be poured into any media including
electronic media within the scope of electronic systems, the original information with a
copy is not relevant again to be distinguished because the operating system basically
operates in a duplicate manner so that the original information cannot distinguished again
from the copy ".
Anyone who claims rights, strengthens existing rights, or refuse the rights of others
according to the provisions of article 7 based on information electronics and / or
electronic documents in it originate from the system electronics that meet the
requirements based on laws and regulations.
The elucidation of article 7 states that "this provision is meant that an electronic
information and / or electronic document can be used as the reason for the emergence of a
right ". It is further stated in Article 8 of Law No. 11 of 2008 that unless agreed
otherwise, the time for delivery of such information and / or electronic document
specified.
a. When it has been sent with the correct address, by sender first electronic system
designated or used by the receiver and has been enter electronic systems that are
beyond the sender's control.
b. Upon entering the electronic system under the control of its receiverentitled.
c. In case the receiver has designated a certain electronic system for receive
electronic information, receipt occurs at the time of information and / or electronic
documents enter the designated electronic systems.
d. In case there are two or more information systems used in sending or receiving of
information and / or electronic documents, then arranged as follows:
1. Delivery time is set when the information is electronic and / or electronic
documents enter the operating system that are outside sender control.
2. Time of receipt is when the electronic information and / or electronic
documents enter the information system residing on under the control of the
receiver.
Criminal cases related to banking are generally checking accounts or any document
containing customer data and financial statements presented as documentary
evidence. Though what is meant by a checking account is actually a printout of the
customer's deep financial statements its original form is in the form of an electronic
document (computer file).
The procedures of the modern banking system are entirely using computer as an
officer who automatically debits customer accounts (for example withdrawal via ATM or
withdrawal by check and demand deposit) or automatically adds interest on customer
funds. The whole process is recorded by the computer and stored as a file. Thus the whole
process proof of banking cases in relation to customer funds absolutely impossible based
on documents that were originally paper, even if there is a paper document there is only a
printed computer file on the bank concerned. With the receipt of the checking account as
a tool documentary evidence so this can be the basis for investigators to use printed
computer files as documentary evidence.
Electronic transactions that take place using the media electronically, transactions are
carried out without face to face between the customer and the officer bank. Evidence of
transactions made is stored in the form of electronic data which is recorded in the data
storage system on the computer. Looking for evidence in electronic transactions of
Michael Chissick and Alistair Kalman stated that there are three types of proof made by
computers, namely.
1. Real Evidence (real evidence)
This real evidence includes calculations or analyzes made by the computer itself
through application of software and receiving information from other foreign
exchange such as clock built-in directly in the computer or remote sender . Proof
This manifest emerges from various conditions. If a bank computer automatically
calculates (calculates) the payment value customers against the bank based on its
rates, transactions that are occurs and the credit balance is cleared on a daily
basis, then the calculation this will be used as a concrete proof.
2. Hearsay evidence (evidence in the form of news from other people) Included in
hearsay evidence are data documents produced by a computer which is a copy of
that information given (entered) by humans to computers. Check which written
and a payment slip taken from a bank account also includes hearsay evidence .
3. Derived evidence
What is meant by derived evidence is information combine real evidence ( real
evidence ) with information given by humans to computers for the purpose of
form an aggregated data. Example of derived evidence is a table in the daily
columns of a bank statement due. This table is obtained from real evidence (which
is automatic create bank bills) and hearsay evidence (individual checks
and entries payment by slip-paying in ).

In Law No. 8 of 1997 is not regulated proof, but through this law, the government is
trying regulates recognition of microfilm and other media (storage devices non-paper
information and has a high level of security can guarantee the authenticity of documents
transferred or transformed, for example Compact Disk-Read Only Memory (CD-ROM)
and Write-One- Read-Many (WORM), which is regulated in Article 12 of the Law
Company documents as valid evidence. Article 13 of the Company Documents Law reads
as follows :
1) Company documents can be transferred to microfilm or media other.
2) Transfer of corporate documents to microfilm or other media as referred to in
paragraph 1 can be carried out from the document is made or received by the
company concerned.
3) In transferring company documents as referred to in paragraph 1, the management
of the company must consider the use original manuscripts of documents that need
to be kept because they contain certain values for the benefit of the company or for
the sake of interest national.
4) In the event that company documents are transferred to microfilm or the other
means is the original text which has legal forcemauthentic proof and still contain
legal interests certain, the management of the company is obliged to keep the
original manuscripts.
 III. CLOSING

A. Conclusion
1. Evidence system and evidence based on article 184 KUHAP able to reach
evidence for classified cyber crimes a new crime. Tracing conventional evidence
such as statements of witnesses and expert witnesses, as well as shifting letters
and directions from conventional to electronic will be able to snare cyber
crime perpetrators .
2. Law No. 11 of 208 concerning Information and transactions electronics in article
5 has clearly stated that information electronic is a valid legal evidence covering
information electronics and / or electronic documents and / or printouts thereof.

B. Suggestions
For law enforcers ranging from investigators, public prosecutors, and
judges need to understand, deepen about electronic evidence what is meant by
law so that errors do not occur in its application in addition to knowledge of
valid evidence according to Criminal Procedure Code.