ALSACONFERENCE2022
Implementation of Virtual Court System in Improving Access to Justice in the Midst of COVID-19 Pandemic in Indonesia
By: Jesslyn Stephanie
a. Introduction
While we are touching on the topic of human rights as basic rights belonging to us as a human being, it is of great importance to recognize that the principle itself is rooted on the fact that every person has dignity and value. Human rights itself are principles centering on a single idea: fairness.
Access to justice is a basic principle of the rule of law and is a primary right that enables individuals to use legal mechanisms to uphold their rights.1 It impliesthat peopleareprovided thenecessarymeansto havetheir voiceandrights heard, and to hold decision makers accountable. Moreover, this is also to ensure that justice is delivered in an impartial manner so every individual is warranted equality before the law and that people are able to obtain justice in compliance with human rights standards.2
The COVID 19 pandemic has established a new era where society is forced to invent new ways and adapt to a new lifestyle We are steadily approaching the Fourth Industrial Revolution as signified by the immense technological advancements that are always evolving and the abrupt necessity for an efficient alternative during the COVID 19 pandemic has forced societyto turn towards the utilization of long distance means to fulfill daily activities.
The wake of the pandemic has put the use of technology into a new perspective. Taking into account the reason of cost, practicality, and efficiency,
1 Valesca Lima and Miriam Gomez, Access To Justice: Promoting The Legal System As A Human Right (Springer Publishing 2020).
2 'Necessary Condition: Access To Justice' (United States Institute of Peace, 2021) <https://www.usip.org/guiding principles stabilization and reconstruction the web version/rule law/access justice> accessed 21 December 2021.
technology is regarded as a more environmentally friendly method as well. This proves true to various fields including matters concerning access to justice.
The Indonesian Supreme Court Regulation No. 1 Year 2019 is a set of improvement from the Indonesian Supreme Court Regulation No. 3 Year 2018 regarding Electronic Case Administration. The Regulation introduces the concept of E Court, an application developed officially by the Supreme Court to further assist administrative aspects in cases. This means that the court is entitled to conduct online registrations (e filing), estimation on down payment costs (e SKUM), online payment (e Payment), online summonings, and online litigations. This is in accordance to one of Supreme Court’s aims to create modern judiciary.3 Furthermore,the Supreme Court issued Circular Letter No. 1 Year 2020regarding Guidelines of the Implementation of Duties during the COVID 19 Pandemic, further highlighting the urgency for a digitalized court system. The Regulation received mixed responses and law practitioners have raised concerns on the contradiction between the Regulation and related Laws.
b. Analysis
The COVID 19 pandemic has pressured states around the globe to adapt to the unfolding crisis. As of December 21 2021, there are 275,826,288 reported COVID 19 cases worldwide4, prompting states to commence various measures such as closing off borders, initiating lockdown measures, and social distancing protocols.
In the area of justice systems, the continuation of legal services during the pandemic has been brought into question multiple times. It is ofgreat significance to notethat while various fields such as tourism could be postponed, the necessity for justice system and legal services will continue to persist and that it’s crucial to ensure its continuity. Several countries have optedto postpone cases to later dates
3 Aju Putrijanti and Kadek
Susila Wibawa, 'The Implementation Of E Court In Administrative Court To Develop Access To Justice In Indonesia' (2020) 9 Journal of Environmental Treatment Techniques.
4 'COVID Live Coronavirus Statistics Worldometer' (Worldometers.info, 2021) <https://www.worldometers.info/coronavirus/> accessed 21 December 2021.
Chaya
to when the COVID 19 numbers have significantly declined and some have chosen to suspend procedural and enforcement action deadlines in non urgent trials.5 In developed countries such as Belgium and Lithuania, procedures have been redirected to written procedures whenever possible in Chile, new laws and regulations has established a judicial ‘regime of exception’ for judicial processes during the pandemic.6 While it’s true that technology itself is a growing sphere andwewould bewhiskedawayintotheageoftechnologysoonerthanwethought, the law as a dynamic force should be able to accept innovational dimensions to suit technology’s demands.7
OnMarch23 2020, theIndonesianSupremeCourt releasedCircular Letter No. 1 Year 2020 regarding Guidelines for the Implementation of Duties during the Prevention of COVID 19 Spread. The Circular Letter is, to put it simply, an instruction for Judges and Judicial Apparatus to implement social distancing and conducting duties throughonline measures. Tasks concerning justice systems will be compiled and conducted through an application called e court and conducting trials using e litigation, which is mentioned inpoint 1bofSupreme Court Circular Letter No. 1 Year 2020. Prior to the pandemic, teleconference methods were used as rarely as possible and mostly are utilized for eyewitness testimony. This is in accordance to Law No. 31 Year 2014 regarding Victim and Eyewitness Protection.8 Withtechnologytaking the reins, it is doubtless that the digitalization of justice system could be beneficial as it also embodies the principle in Law No. 48 Year 2009 about Judicial Powers that trials are carried out simply, quickly, and at low cost.9 However, Supreme Court Circular Letter No. 1 Year 2020
5 'Access To Justice And The COVID 19 Pandemic: Compendium Of Country Practices' (Oecd.org, 2021) <https://www.oecd.org/governance/global roundtables access to justice/access to justice compendium of country practices.pdf> accessed 21 December 2021.
6 Ibid.
7 Mohammad Ikbal Hasan and Badsha Mia, 'Initiation Of Virtual Court System During COVID 19 Pandemic And E Judiciary: Challenges And Way Forward' (2021) 1 Daengku: Journal of Humanities and Social Sciences Innovation.
8 Anggita Doramia Lumbanraja, Perkembangan Regulasi dan Pelaksanaan Persidangan Online di Indonesia and Amerika Serikat' (2020) 2 CREPIDO.
9 Heru Suyanto, 'Tinjauan Hukum E Court Di Masa Pandemi COVID 19 Pada Pengadilan Agama Jakarta Selatan' (2020) 8 Justitia: Jurnal Ilmu Hukum dan Humaniora.
emphasizes that cases concerning criminal offenses, military court, and specific matters of religious court could not be done through e litigation. In conclusion, this means that the only cases permissible to be conducted through online means are cases concerning civil cases, cases in religious cases, and the administrative court.
In April 13 2020, the Supreme Court agreed on a joint Memorandum of Understanding No. 402/DJU/HM/01/1/4/2020, No. KEP.17/E/Ejp/4/2020, and No. 06.HH.05.05 Year 2020 along with Ministry of Law and Human Rights and Attorney General to conduct criminal offense cases via teleconference. Previously, the Supreme Court has also established Regulation No. 4 Year 2020 regarding Electronic Administration and Trial Procedure for Criminal Offense Cases. However, conducting a trial via teleconference is inharmonious with the Criminal Procedure Code. Teleconference method is considered “unjust” and risks unfair trial by many, more specifically in the evidence examination stage. Many parties have taken note on the existence of Article 154, 159, and 196 of the Criminal Procedure Code, where Article 154 describes summonings, Article 159 prohibits eyewitnesses fromhaving anykind of interaction leading to thetrial, and Article 196 regulates about verdict reading.10
While the practice of teleconference in criminal court has received a number of backlash, the Indonesian justice system seems to have found a compromise. As regulated by Article 2 of Supreme Court Regulation No. 4 Year 2020, it is firmly stated that presiding judges would attend the trial in the courthouse while the prosecutor, defendant, and eyewitnesses may attend the trial virtually. However, this is also a contradiction from Article 64 and 185 of the Criminal Procedure Code that explicitly imply physical appearances. This is also similar to the rulings in the Civil Procedure Code which also explicitly implies physical appearances.
When it comes to the matter of harmony between the Laws, it’s important to note that both the Criminal and Civil Procedure Codes are created with strictly traditional trial methods in mind and therefore didn’t take into account
Herman Sitompul, 'Eksistensi Sidang Virtual Online Menurut Kacamata Hukum Pidana Di Indonesia' (2021) 1 Jurnal Res Justitia: Jurnal Ilmu Hukum.
10
technologicaladvancementsandtheCOVID 19pandemic. Inthe legalarea, many have expressed their opinions on the direness of the situation with some stating that Article 2 and 3 of the Criminal Procedure Code could be temporarily ruled out considering human rights aspects and fair trial.11
Article 7 of Law No. 12 Year 2011 about the Establishment of Laws and Regulation stated that the hierarchy for Indonesia’ laws and regulations are as follows:
a. Indonesian Constitution Year 1945; b. Decisions of the People’s Consultative Assembly; c. Law; d. Government Regulations; e. Presidential Decree; f. Provincial Regulations; g. District Regulations.
This means that both the Supreme Court Regulation and Supreme Court
Circular Letter are legal products outside the scope of Indonesia’s Laws and Regulations. However, Article 8 of the same Law acknowledges Regulations created by governmental bodies provided they are based on authority. This means that both the Regulation and the Circular Letter are unreviewable and are acknowledged strictly if they offered clarity on the existing Laws.12
This means that the existence of the Supreme Court Regulation and Circular Letter regulating Virtual Courts have created a disharmony between Laws. As a legal product outside of the scope of Article 7 of Law No. 12 Year 2011, this also means that by the principle of legal preference, “lex superior derogate legi inferiori”, they have also overstepped the legal provisions of both the Criminal and Civil Procedure Code.
11 Panji Purnama and Febby Mutiara Nelson, 'Penerapan E-Court Perkara Pidana Sebagai Salah Satu Upaya Terwujdunya Intergrated Judiciary Dalam Sistem Peradilan Pidana Di Indonesia' (2021) 10 Rechtsvinding..
12 Budianto Eldist Daud Tamin, 'Tinjauan Yuridis Terhadap Kedudukan Peraturan Mahkamah Agung (PERMA) Dalam Hierarki Peraturan Perundang Undangan Di Indonesia' (2018) 6 Lex Administratum.
c. Conclusion
While many considered the COVID 19 pandemic as a major roadblock of developments in various fields, it’s also a much needed factor in triggering “damage control” to adapt to a new lifestyle. This leads to groundbreaking innovations especially in technology as society started to rethink old ways and shifted towards more efficient methods to adjust.
Prior to the pandemic, Indonesia was not a stranger to the concept of Virtual Court. The Supreme Court established Regulation No. 1 Year 2019 that specifically regulates Electronic Case Administration. Following the pandemic, the Supreme Court has also established Circular Letter No. 1 Year 2020, Regulation No. 4 Year 2020 and a joint Memorandum of Understanding No. 402/DJU/HM/01/1/4/2020, No. KEP.17/E/Ejp/4/2020, and No. 06.HH.05.05 Year 2020 to regulate matters concerning Virtual Courts.
While Virtual Court may be considered as a collective solution to a more integrated and efficient justice system, this is yet to be supported by a more appropriate legal basis. Currently, the Regulation established by the Supreme Court are inconsistent to the Criminal and Civil Procedure Code and according to the legal principle of lex superiori derogate legi inferiori, this also denotes that the Criminal and Civil Procedure Code should be prioritized in theory.
As we are steadilyapproaching the eraoftechnology, it’s indisputable that the correct solution is to provide a stronger legal basis for the practice and not condemningthepractice itself. Consequently, thereneedsto beaLawthat reviews and regulates Virtual Courts to avoid antimony and disharmony between Laws and Regulations.
d. Bibliography
'Access To Justice And The COVID 19 Pandemic: Compendium Of Country Practices' (Oecd.org, 2021) <https://www.oecd.org/governance/global roundtables access to justice/access to justice compendium of country practices.pdf> accessed 21 December 2021
'COVID Live Coronavirus Statistics Worldometer'(Worldometers.info, 2021)
<https://www.worldometers.info/coronavirus/> accessed 21 December 2021
Lima V, and Gomez M, Access To Justice: Promoting The Legal System As A Human Right (Springer Publishing 2020)
Lumbanraja A, 'Perkembangan Regulasi dan Pelaksanaan Persidangan Online di Indonesia dan Amerika Serikat Selama Pandemi COVID 19’(2020) 2
CREPIDO
Mohammad Ikbal Hasan, and Badsha Mia, 'Initiation Of Virtual Court System
During COVID 19 Pandemic And E Judiciary: Challenges And Way Forward' (2021) 1 Daengku: Journal of Humanities and Social Sciences Innovation
'NecessaryCondition: Access To Justice'(United States Institute of Peace, 2021) <https://www.usip.org/guiding principles stabilization and reconstruction the web version/rule law/access justice> accessed 21 December 2021
Purnama P, and Nelson F, 'Penerapan E Court Perkara Pidana Sebagai Salah Satu Upaya Terwujdunya Intergrated Judiciary Dalam Sistem Peradilan Pidana Di Indonesia' (2021) 10 Rechtsvinding
Putrijanti A, and Wibawa K, 'The Implementation Of E Court In Administrative Court To Develop Access To Justice In Indonesia' (2020) 9 Journal of Environmental Treatment Techniques
Sitompul H, 'Eksistensi Sidang Virtual Online Menurut Kacamata Hukum Pidana Di Indonesia' (2021) 1 Jurnal Res Justitia: Jurnal Ilmu Hukum
Suyanto H, 'Tinjauan Hukum E Court Di Masa Pandemi COVID 19 Pada Pengadilan Agama Jakarta Selatan' (2020) 8 Justitia: Jurnal Ilmu Hukum dan Humaniora
Tamin B, 'Tinjauan Yuridis Terhadap Kedudukan Peraturan Mahkamah Agung (PERMA) DalamHierarkiPeraturanPerundang Undangan DiIndonesia' (2018) 6 Lex Administratum
JusticeforAllMankind:SocialMediaImpactsforSexual HarassmentVictimsinIndonesia
Daffa’DetaPrawira/ALSALCUnair
daffaprawira762@Gmail.com
a. Introduction
Background
Sexualharassmentisanunwantedactorconductthatisinsulting, humiliating,andcansometimesresultindeathormentalhealthdifficulties.It canhappentoanyone,regardlessofgender 1 AccordingtoKomnasPerempuan data,therewouldbe2.592casesofsexualassaultby2021,notablyinJune, havingalreadysurpassedthecasesin2020,andthereare4.200complaintsof sexualharassmentinKomnasPerempuaninOctober2021.2 However,thevast majorityofcasespresentedtoauthoritiesbyvictimsarenottakenseriously,and ithasbecomeasensationalprobleminhowthepublicviewsthegovernment.
Insteadoftakingthefilereportandprocessingit,thePoliceDepartment frequentlytellsthevictimtohandlethesituationwiththesuspectthrough kinfolk.Becauseoftheauthorities'lackofreliability,Indonesiancitizens frequentlyreportsexualabuseonsocialmediaplatformssuchasTwitterand Instagram,andwhenthecaseshadgoneviralontheinternet,officialsresponded andtookthemseriously.InIndonesia,sexualharassmentvictimsarenotsimply mistreatedwomen;inSeptember2021,asexualharassmentcasethatwentviral wascommittedbyafewpersonnelofagovernmentinstitutionagainstamale, notawoman,demonstratingthatsexualharassmentisnotexclusivelyone-sided. ThecurrentstateofsexualharassmentsurvivorsinIndonesiaisnotgood, withunresponsiveactionfromtheauthorities,thesuspectofsexualharassment
1 Reachout com, “What is Sexual Harassment?” , https://au.reachout.com/articles/what is sexual harassment, accessed on 14th December 2021.
2 Andy Novelino, “Komnas Perempuan: Kekerasan Seksual Meningkat Selama Pandemi” , 5 October 2021, https://wwwcnnindonesia com/nasional/20211004140357 20 703115/komnas perempuan keker asan seksual meningkat selama pandemi, accessed on 14th December 2021
alsofrequentlyusesLawNumber112008ortheElectronicInformationand TransactionsLawduetoitsdefectsubstance,whichthreatensthevictims' freedomofspeechduetodefamationofthesuspectitself.3 Thisdemonstrates thatIndonesianlawdoesnotyetsupportvictimsofsexualharassmentandthat theonlymethodforthemtopayattentiontotheincidentsisthroughsocial mediaplatforms.IndonesiahasadraftresolutionontheEliminationofSexual ViolenceBillaswell,buttherehasbeennoadditionalactionfromthe governmenttolegalizethisproposalasofyet.EventhoughIndonesiahas previouslyratifiedtheConventionontheEliminationofDiscriminationAgainst WomenorCEDAW,thegovernment'sreactiontosexualharassmentremains minimal.
Theusageofsocialmediabysocietyimprovesjusticeforvictimsof sexualabuse.Manysexualharassmentcasesarestartingtobesolvedasaresult oftheseinternetforums,andmanyvictimshavefinallyreceivedthejusticethat theydeserveinthefirstplace,butitisnotenough.Inthisessay,theauthorwill delvedeepertodiscussanddiscoverwhatspecificrolesocialmediaplaysin bringingjusticetovictimsandhowthecurrentregulationprotectsourcitizens.
LegalIssues
1. Whatroledoessocialmediaplayintermsofbringingjusticetovictims ofsexualharassment?
2. HowisthecurrentregulationinIndonesiaintermsofpreventingand solvingsexualharassment?
BasicRegulations
1. The1945ConstitutionoftheRepublicofIndonesia
2. LawoftheRepublicofIndonesiaNumber39of1999concerningHuman Rights
3. ConventionontheEliminationofDiscriminationAgainstWomen1979 (CEDAW)/LawNumber7of1984(Ratification)
3 Law Number 19 of 2016 onAmendments to Law Number 11 of 2008 concerning Information and ElectronicTransactions
4. LawNumber19of2016onAmendmentstoLawNumber11of2008 concerningInformationandElectronicTransactions
b. Analysis
Whatroledoessocialmediaplayintermsofbringingjusticetovictimsof sexualharassment?
SocialmediaplatformssuchasFacebook,Instagram,andTwitterhave becomeindispensabletohumanity.Thereare202.6millioninternetusersin January2021,andthenumberofinternetusersincreasedby27millionbetween 2021and2021.InIndonesia,socialmediausersclimbedby10millionina year.4 Althoughtherisinguseofsocialmediaisrelatedtoanincreaseinthe numberofvictimsofsexualharassment,theincreasedusageofsocialmedia alsoincreasesthenumberofvictimswhoseektoexpresstheirsufferingasa resultofsexualviolence.
CitizensinIndonesiabelievethatthesituationofsexualharassmentis stillnotbeingtreatedseriouslyorprioritizedbythegovernment.Withtherisein casesofsexualharassment,socialmediahasplayedanimportantrolein combatingthosecases,andsocialmediaisoneofthemostpopularplacesto expressone'sindependence.ItisalsomentionedintheConstitutioninArticle 28E,paragraph2,thateveryonehastherighttoassociate,congregate,and expresstheiropinions.5 Victimsoftenharboredfeelingsoftheirowninthepast, whentherewerefewmovementstospeakupanddeclaretheirrighttolegal justiceandmoralsanctions,suchasfeelingdisgustedwiththemselves,afraidof beingunderestimatedbytheirfamilyandenvironment,andfeelingthattheyare nolongerworthyof,anddonotdeservelove.Itwasadifficultmomentforthe victimbecausetheycouldn'ttalkandhadtokeepquietduetoitscondition.6
4 Simon Kemp “Digital 2021: Indonesia”, 11 February 2021, https://datareportal com/reports/digital 2021 indonesia, accessed on 17th December 2021
5 The 1945 Constitution of the Republic of Indonesia
6
SayHerName: a case study of intersectional social media activism ” Ethnic and Racial Studies 40, no 11 (2017), 1831 1846
Brown, Melissa, Rashawn Ray, Ed Summers, and Neil Fraistat. “#
However,womenvictimsarebecomingincreasinglyenragedasaresultofthe regularoccurrencesofabusethatarenotproperlyinvestigatedbythelawand,in somecases,alackofevidence.Finally,itispreferabletobecomeviralonsocial mediasothateveryoneisawareofwhatoccurredbecausemoralpunishments cansometimesbemoreseverethanincarceration.7
Onesignificantexampleinthepreviousfewmonthsisthecaseofsexual harassmentperpetratedbythesenioremployeesworkingattheIndonesian BroadcastingCommission.Itbeganin2015,whenthevictimwassubjectedto sexualabuse,eitherverballyorphysically.Between2015and2020,thevictim askedthePoliceDepartmentandKomnasHAMforassistanceinresolvingthe matter,buthereceivednoresponseorremedy.In2021,hebegantospeakout forhimselfandsharehistaleonTwitter 8 Afterthestorywentpopularonthe internet,thePoliceDepartmentbegantotakenoticeandreceivedhisreport.This demonstratesthattheIndonesiangovernmentasawholedoesnottakesexual harassmentclaimsseriously,particularlywhenavictimisaman.Withthatbeing said,thepowerofsocialmediainthedigitalagegivesanewansweranda wholenewmeansofdeliveringjusticetothevictims.Ontheotherside,it highlightsflawsintheIndonesianlegalsystemandcanbeusedtogradually improveourjudicialsystem.
HowisthecurrentregulationinIndonesiaintermsofpreventingand solvingsexualharassment?
Theeffortsoflegalprotectioninstitutionsoradvocacyinstitutionsin creatinggoodlawenforcementtrulyrequiresupportingfactorstocreategood andeffectivelegalprotection,lawenforcementfactorsoffacilitiesandfacilities thatsupportlawenforcement,communityfactors;andlastlyculturalfactors. Thisdemonstratesthatthefivevariablesmustbemutuallysustainablewitheach
7 Rianna Zheid, “Speak Up di Media Sosial; Ruang Bicara Baru Korban Kekerasan Seksual”, 21 June 2021, https://wwwkonde co/2021/06/speak up di media sosial ruang bicara baru korban kekerasan s eksual.html/, accessed on 17th December 2021.
8 Fitra Moerat Ramadhan, “Kronologi Dugaan Pelecehan Seksual dan Perundungan Terhadap Pegawai KPI” , 4 September 2021, https://grafis tempo co/read/2794/kronologi dugaan pelecehan seksual dan perundungan terha dap pegawai kpi, accessed on 20th December 2021
othertoproduceeffectiveenforcementoflegalprotectionbecauseifoneofthe fivefactorsisdeterminedtobeineffectiveincarryingoutitstasks,the enforcementoflegalprotectionwillfail.9
Indonesianationallawhasalreadyregulatedthatdiscriminationor harassmentagainstmankindisforbiddenwiththeLawNumber39of1999 concerningHumanRights,itisstatedthatinArticle17thateveryperson withoutdiscriminationhastherighttoobtainjusticebysubmittingapplications, complaints,andlawsuits,bothincriminal,civilandadministrativecasesand beingtriedthroughanindependentandimpartialjudicialprocess,inaccordance withprocedurallawwhichguaranteesanobjectiveexaminationbyajudge,with afairandtruedecision.Nonetheless,itisstillinsufficientduetotheauthorities' lackofimportanceintheunderstandingofsexualharassment,andIndonesia currentlylacksanyspecializedlawforsexualharassmentprevention.10 Thedraft ofRUUPKSorthebillforsexualviolencepreventionisstillnotbeinggranted orevendiscussedinIndonesiaandthisshowsthattheIndonesiangovernment lackconcern.However,fromaninternationalstandpoint,Indonesiahasalready ratifiedtheConventionontheEliminationofDiscriminationAgainstWomen 1979(CEDAW)withLawNumber71984.11
Victimsofsexualviolencerequireassistancesincetheconsequencesare far-reaching.Thevictimhasphysical,psychological,andsocialpainasaresult oftheimpact.Victimsofsexualviolencesufferedduringthepre-trial,duringthe trial,andafterthetrial.Asaresult,victimsofsexualabuserequireprotectionto feelsafefromallsortsofdangersandtoensurethevictim'srehabilitationeffort.
c. Conclusion
9 Hadibah
6 1Agustus 2020 Januari 2021
10 Law Number 39 of 1999 concerning Human Rights.
Untilnow,authoritieshavenottakensexualharassmentcomplaintsseriously, resultinginthousandsofpeoplespeakinguponsocialmediaplatformsrather thanfilingareportwiththePoliceDepartment.Indonesiamustimprovetheir 11 Convention on the Elimination of DiscriminationAgainst Women 1979 (CEDAW)
Zachra Wadjo, Judy Marria Saimima, “Perlindungan Hukum Terhadap Korban Kekerasan Seksual Dalam Rangka Mewujudkan Keadilan Restoratif” , 2020, Jurnal Belo Volume
judicialsystembyauthorizingtheBillfortheEliminationofSexualViolence beforethenumberofcasesofsexualharassmentreachesunprecedentedlevels. Ontheotherhand,ratherthanthegovernment,socialmediahasprovidedalot ofsupportandattentiontovictims.Asaresult,ourculturemustcontinueto offerpublicareasorprovidecommunitytovictimsofsexualharassment.The efforttobringvictims'justiceisnotsimple,butifallpartiesworktogether,there willbealotmoresuccess.
d. Bibliography
Journals
1. Brown,Melissa,RashawnRay,EdSummers,andNeilFraistat.
“#SayHerName: a case study of intersectional social media activism.” EthnicandRacialStudies40,no.11(2017),1831-1846.
2. HadibahZachraWadjo,JudyMarriaSaimima,“Perlindungan Hukum Terhadap Korban Kekerasan Seksual Dalam Rangka Mewujudkan Keadilan Restoratif”,2020,JurnalBeloVolume61 Agustus2020Januari2021.
WebsitePage
1. Reachout.com,“What is Sexual Harassment?”, https://au.reachout.com/articles/what-is-sexual-harassment,accessedon 14thDecember2021.
2. AndyNovelino,“Komnas Perempuan: Kekerasan Seksual Meningkat Selama Pandemi”,5October2021, https://www.cnnindonesia.com/nasional/20211004140357-20-703115/ko mnas-perempuan-kekerasan-seksual-meningkat-selama-pandemi, accessedon14thDecember2021.
3. SimonKemp.“Digital 2021: Indonesia”,11February2021, https://datareportal.com/reports/digital-2021-indonesia,accessedon17th December2021.
4. RiannaZheid,“Speak Up di Media Sosial; Ruang Bicara Baru Korban Kekerasan Seksual”,21June2021, https://www.konde.co/2021/06/speak-up-di-media-sosial-ruang-bicara-ba ru-korban-kekerasan-seksual.html/,accessedon17thDecember2021.
5. FitraMoeratRamadhan,“Kronologi Dugaan Pelecehan Seksual dan Perundungan Terhadap Pegawai KPI”,4September2021, https://grafis.tempo.co/read/2794/kronologi-dugaan-pelecehan-seksual-d an-perundungan-terhadap-pegawai-kpi,accessedon20thDecember 2021.
Regulations
1. The1945ConstitutionoftheRepublicofIndonesia
2. LawoftheRepublicofIndonesiaNumber39of1999concerningHuman Rights
3. ConventionontheEliminationofDiscriminationAgainstWomen1979 (CEDAW)/LawNumber7of1984(Ratification)
4. LawNumber19of2016onAmendmentstoLawNumber11of2008 concerningInformationandElectronicTransactions
STRENGTHENING THE FUNCTION OF THE POLICE AS LEGAL COMPANY FOR BORDER COMMUNITIES
Rindang Syafa’at
I. introduction
a. Background
Indonesia is one of the archipelagic countries in the world. Geographical conditions that are spread over several islands do not rule out the possibility of hampered access to services, especially for people living in border areas. One of the problems that occur in Indonesia's border areas is the weakness of law enforcement in border areas. This can happen due to several factors that are tied to one another such as accessibility problems which tend to be isolated which results in people's conditions tend to be left behind, causing a tendency to be indifferent to law enforcement or even not knowing that they have access to the law.1
In the Indonesian Constitution, namely the 1945 Constitution of the Republic of Indonesia in chapter IX on Human Rights, it has been stated that everyone is blessed with access to justice. Access to law, especially in border areas, is considered important due to the potential for violations resulting from weak law enforcement. In addition, the concern that can arise from the weakness of law enforcement is the use of people in border areas for illegal actions which they themselves do not know that these actions are illegal. other than legal assistance in case of illegal acts that they do not know themselves tend to be difficult to obtain due to accessibility which is quite difficult and hampered.
One of the state apparatus that is close to border communities is the TNI and POLRI as implementation of the constitution which mandates that the TNI and POLRI are a state instrument that protects,
1Partnership for Governance Reform. “Border Area Management Policy in Indonesia.” Partnership Policy Paper No. 2/2011. page 4
maintains and defends the sovereignty and integrity of the state. In approaching the community, POLRI is considered to have a major role. This is inseparable from the main task of the POLRI itself, namely protecting and nurturing the community. With its close role to the community, the POLRI can indirectly become a bridge between the community and access to justice. With his duties as community protectors and looking back at the condition of the people in the border areas, the humanitarian approach is considered appropriate to be applied. The human approach itself can be interpreted as the state has limited power and the highest power is in the hands of its citizens. The state does not take care of relations between people, both private and public. The state only acts as a guard when a dispute occurs between citizens due to an unbalanced or mutually detrimental relationship.2
Based on this, the writer intends to write an essay with the title "STRENGTHENING THE FUNCTION OF THE POLICE AS A LEGAL ASSISTANT FOR THE BORDER COMMUNITY". Hopefully, this essay can be a source of knowledge for people in need.
b. Formulation of the problem
Based on the background that the writer has conveyed, the formulation of the problem is as follows:
1. What is the role of the police as legal assistant for the people in the border areas?
II. DISCUSSION
a. Duties of the Indonesian National Police
In the Constitution of the Republic of Indonesia, it has been explained in Article 30 paragraph (4) that the State Police of the
2Bambang Rusanto. “Humanity approach in empowering remote indigenous communities in border areas of case studies in West Kalimantan and East Nusa Tenggara. Information, Vol. 12, No. 01, 2007. Pg 10.
Republic of Indonesia as a state instrument that maintains public security and order has the task of protecting, nurturing, serving the community, and enforcing the law. Constitutively the duties of the Police include four main tasks, namely maintaining security and public order, protecting, nurturing, serving the community and enforcing the law. In addition, the duties of the police are further explained in Law No. 2 of 2002 concerning the State Police of the Republic of Indonesia
If it is examined in several existing articles, the duties of the police can be found in the following articles:
1. Article 2 of Law no. 2 of 2002 the functions of the Police are: "one of the functions of the state government in the field of maintaining security and public order, law enforcement, protection, shelter, and service to the community".
2. Article 5 paragraph (1) of Law no. 2 of 2002, "The State Police of the Republic of Indonesia is a state instrument that plays a role in maintaining public security and order, enforcing the law, and providing protection, protection, and services to the community in the context of maintaining domestic security".
3. In order to implement the provisions in Article 5 of Law no. 2 of 2002, then in accordance with Article 13 of Law no. 2 of 2002, the State Police have the following main tasks: a. maintain public security and order; b. Enforce the law; and c. Provide protection, protection, and service to the community
. 4. Article 14 of Law no. 2 of 2002, regulates the implementation of the main tasks as referred to in Article 13 of Law no. 2 of 2002, in charge of: a. implementing regulation, guarding, escorting, and patrolling community and government activities as needed; b. organize all activities in order to ensure security, order and smooth traffic on the road; c. fostering the community to increase community participation, public legal awareness and community compliance with laws and regulations;
d. participate in the development of national law; e. maintain order and ensure public security; f. coordinate, supervise, and provide technical guidance to the special police, civil servant investigators, and other forms of self directed supervision; g.3
b. Increasing the Duties of the Police as Legal Companion in Border Areas
In Law No. 2 of 2002 concerning the National Police of the Republic of Indonesia, in article 32 which mandates that in improving their duties there is professional capacity building in order to improve the ability of officers in the field. Furthermore, in the Regulation of the Head of the State Police of the Republic of Indonesia No.19 of 2010 concerning the implementation of training for the State Police of the Republic of Indonesia, one of the materials in professional development is in the sub law.
In improving sub laws, it can be interpreted as strengthening knowledge and skills in sub laws, including as legal advisors. Legally, the provisions of the police as legal advisors have been regulated in the Regulation of the Head of the National Police of the Republic of Indonesia No. 2 of 2017 concerning procedures for providing legal assistance by the Indonesian National Police. In this regulation, the provision of assistance is limited to the internal scope of the police. Meanwhile, for community members, it is more given to advocates/lawyers in their own legal assistance.
The increased role of the police in terms of law enforcement in underdeveloped areas can be expanded with initial legal assistance for people in disadvantaged areas in the event of a violation of the law given the limited accessibility to legal activists and legal aid institutions which are limited or even non existent in border areas. So the police, in this
3KASMAN TASARIPA.
POLICE IN
ROLE
LAW ENFORCEMENT ACCORDING TO LAW NUMBER 2 OF 2002 CONCERNING THE POLICE. Journal of Legal Opinion, Edition 2, Volume 1, 2013 p. 5
DUTIES AND FUNCTIONS OF THE
HIS
AS
4
case, as one of the law enforcement instruments close to border communities, should be strengthened with initial assistance for people in border areas. If reviewing the Regulation of the Head of the Regional Police of the Republic of Indonesia regarding the provision of legal assistance by the State Police of the Republic of Indonesia substantially which includes consultation, legal advice, legal advice and opinions,,
The approach of emotional closeness and humanity itself is considered appropriate to be carried out by the police, especially in border areas because of the closeness between officers and the surrounding community, in addition to the existence of legal assistance from the police, it indirectly opens access and knowledge for the community to the law so that it can reduce law enforcement undervalued in the border areas.
It should be underlined that the assistance the author means in this essay is different from the assistance provided by both advocates and state lawyers as referred to in Law No. 18 of 2003 concerning advocates in Article 22 which in its substance states that every advocate is obliged to provide legal assistance for justice seekers. who can't. In addition, because legal assistance can only be carried out by those who carry out the legal profession, the police cannot be used as legal assistants like an advocate.According to Mardjono Reksodiputro, the legal profession can only be addressed to graduates of higher education (faculty) of law who carry out the profession (beroep, in Dutch terms) in society. They are law graduates who are considered to carry out their expertise to a high standard, such as advocates or more broadly legal advisers (legal consultants) or prosecutors and judges. Does not include law graduates who become lecturers or police officers4. So to avoid the overlapping of the main tasks and functions, the task of the police in this case is to act as the first counselor to potential violators, especially in border areas. In addition, the police themselves can be empowered as the first legal
Mardjono Reksodiputro, Human Rights in the Criminal Justice System, Collection of Writings, Third Book, Center for Justice and Legal Services, Second Printing, Jakarta, 1997, p. 78.
assistant to people in border areas who are subject to legal sanctions before being assisted by advocates. Therefore, police professional training, especially in vulnerable actions at the border, is deemed necessary.
III. Conclusion
Indonesia as an archipelagic country has its own consequences in managing its territory, especially a large area and difficult accessibility in border areas. Access to justice can be given to people in border areas with a humanist approach, especially from the state apparatus on duty there. With the obligation of the police to be close to the community, it makes it easier to approach the community in opening their minds about the community's own right to justice which should be their right so that law enforcement, especially in border areas, can be improved. Assistance by the police should also be interpreted as an initial stage of assistance to avoid overlapping authority with advocates. With the existence of the police as the main door that gives views of access to access to justice.
Bibliography
Partnership for Governance Reform. “Border Area Management Policy in Indonesia.” Partnership Policy Paper No. 2/2011.
Bambang Rusanto. “Humanity approach in empowering remote indigenous communities in border areas of case studies in West Kalimantan and East Nusa Tenggara. Information, Vol. 12, No. 01, 2007. Pg 10.
KASMAN TASARIPA. DUTIES AND FUNCTIONS OF THE POLICE IN HIS ROLE AS LAW ENFORCEMENT ACCORDING TO LAW NUMBER 2 OF 2002 CONCERNING THE POLICE. Journal of Legal Opinion, Edition 2, Volume 1, 2013 p. 5
Mardjono Reksodiputro, Human Rights in the Criminal Justice System, Collection of Essays, Third Book, Center for Justice and Legal Services, Second Printing, Jakarta, 1997
Review of Environmental Regulations, Laws and Policies in the Aceh Province and the Government of Indonesia that have an impact on the Environmental Service Fees/
PES
Introduction
Payments for Environmental Services (PES) is a relatively new issue in environmental regulation in Indonesia. In Indonesia, the issue of PES is still little discussed 1 In today's world, the issue of PES comes to the fore in line with concern for saving the environment as a whole. The provisional agreement so far, what is meant by environmental services (Environmental Services) consists of Landscape Beauty or Aesthetic Features (ecotourism), Carbon Sequestration, Water/Watershed Services and Biodiversity conservation.2 C Now, PES has become a way or mechanism for stakeholders (stakeholders) to maintain and manage the environment by providing economic incentives/compensation from users to providers of environmental services. For Aceh, this mechanism is certainly not new,considering thatin the period 2007 2009therehasbeen carbon trading in theUlu Masen ecosystem area. This scheme is of course only one part of the payment transaction scheme for environmental services (PES).
Wunder's definition, as quoted by Rodel D. Lasco and Grace B. Villamor, states that “PES is one way of describing remuneration mechanisms for the provision of environmental services.” Wunder further explained that the PES concept must involve the following elements:3 “A voluntary transaction in which a well defined environmental service (ES), or land use likely to secure that service is “bought” by at least one ES buyer from at least one ES provider and if, and only if, the ES provider secures ES provision, ie conditionality."
According to Rodel D. Lasco and Grace B. Villamor, the labeling of “Payments for Environmental Services” is still different. Some labeled it as “markets for environmental services”, or “rewarding for environmental services” and “compensation for environmental
1 The author is UNESCAP Legal & Policy Coordinator for the 3PESA Project in Aceh; An Advocate/Lawyer; This paper is a personal opinion and does not reflect the opinion of the institution.
2 Kompas (Wednesday, 16 February 2005) "Need Regulation on Payment for Environmental Services" http://64.203.71.11/kompas print/0502/16/humaniora/1562886.htm
3 Rodel D. Lasco and Grace B. Villamor., Ibid.
services”. However, all of these labels refer to the mechanism for providing incentives/compensation for the environmental services that are transacted. According to the
PAH II version of the Draft Environmental Services Bill, the Regional Representative Council (DPD) defines environmental services as resources produced by ecosystems that are adequately managed by providers and provide economic benefits for the users.4 Meanwhile, COMMITTEES6 defines environmental services as the provision, regulation, supporting natural processes, and preserving cultural values by natural and human succession that is beneficial for the sustainability of life 5
Law No. 10 of 2004 concerning the Formation of Legislations is a basic guideline in the preparation of a legal regulation, both at the national and regional levels. This law clearly states the types and hierarchy of laws and regulations in Indonesia. Article 7 paragraph (1) states explicitly that: Article 7
(1) Types and hierarchy of Legislations are as follows: a. the 1945 Constitution of the Republic of Indonesia; b. Laws/Government Regulations in Lieu of Laws; c. Government regulations; d. Presidential decree; e. Local regulation.
(2) Regional government as referred to in paragraph (1) letter e includes: a. Provincial regional regulations are made by the provincial regional people's representative council together with the governor; b. Regency/Municipal Regional Regulations are made by the Regency/City Regional People's Representative Council together with the Regent/Mayor; c. Village regulations/regulations of the same level, made by the village representative body or other names together with the village head or other names.
4 PAH II version of the Draft Environmental Services Bill for the Regional Representatives Council (DPD) in 2008. Prepared by Dr. Ir. H. Radjab Tampubolon, Dr. Fahmudin Agus, Prof. Dr. Naik Sinukaban, MSc, Dr. Ir. Arie Herlambang, Dr. Hardian, SH, MM. Not published.
5 Summarized in the process of drafting the Committees version of the bill at the Parkline Hotel Jakarta in April 2009
(3) Further provisions regarding the procedure for making Village Regulations/regulations at the same level as regulated by Regency/Municipal Regional Regulations which are related.
(4) Types of statutory regulations other than those referred to in paragraph (1), are recognized for their existence and have binding legal force as long as they are ordered by a higher statutory regulation.
(5) The legal force of the Legislation is in accordance with the hierarchy as referred to in paragraph (1). The article above becomes a reference in the making of laws and regulations. The hierarchy as referred to in Article 7 paragraph (1) emphasizes that any statutory regulations below must not conflict with the regulations above. Thus, all regulations must be in harmony and must not conflict with the regulations above, and the pinnacle of all regulations is the constitution of the 1945 Constitution. Thus, there should not be any regulations in Indonesia, either at the regional or central level, that contradict the 1945 Constitution.
In the context of the formation of laws and regulations in Aceh, apart from being in line with the hierarchy in Law no. 10 of 2004, also refers to Law no. 11 of 2006 concerning the Government of Aceh. In Law no. 11/2006, various affairs were delegated to the Aceh Government which violated other laws and regulations. For example, the issue of regional autonomy regulated in Law no. 32 of 2004concerning Regional Autonomy applies in general in Indonesia, but the application in several sectors or government affairs in Aceh is deviated by Law no. 11/2006. Thus, Law no. 11/2006 can act as a big legal umbrella in Aceh to regulate all matters of government and community affairs in Aceh. For example, the mandate for the implementation of Islamic sharia in Aceh is obtained from Law no. 11/2006. This means that there are special arrangements for Aceh which are mandated by Law no. 11/2006 the. Included in environmental management, the Aceh Government has the authority to designate a protected forest area as an area where logging is not permitted.
This can be done because the province of Aceh gets a broad autonomy in the management of its territory. However, in reality, overlapping regulations at the district, provincial and national levels are a separate problem for synchronization and harmonization. Theprincipleis thatthereshould notbe alower regulation thatcontradictsa higher regulation occurring in the territory of the Unitary State of the Republic of Indonesia.
Article 137 of Law Number 32 of 2004 concerning Regional Government states that in forming laws and regulations, it must be based on the principles of the formation of laws and regulations which include: clarity of purpose; appropriate institutions or forming organs; conformity between the type and material of the load; can be implemented; usability and effectiveness. In essence, a regional regulation can contain sanctions. This means that sanctions can be included in the regulation, but they can also be excluded.
However, it is feared that a policy or regulation that does not regulate sanctions will become inoperative. At least the rule does not provide a deterrent effect for violators. The basic philosophy of a rule is actually to give punishment or rewards (punishment or rewards). It is clear that the formation of a statutory regulation must have the principles mentioned above. This principle does not stand apart from each other but is a unity that must be fulfilled by all. If one principle is not fulfilled, it is feared that the results will not be optimal, and in the worst case it will get rejection from the community. There have been many examples of cases where the formation of laws and regulations at both the local and national levels has become controversial. This is because the principles are not fulfilled as a whole.
A Regional Regulation may contain sanctions. This is confirmed in Article 143 of Law no. 32 of 2004 stated that “Local regulations may contain provisions regarding the imposition of coercive costs for law enforcement, in whole or in part to violators in accordance with statutory regulations.” It may contain the threat of imprisonment for a maximum of 6 (six) months or a fine of a maximum of Rp. 50,000,000.00 (fifty million rupiah). Local regulations may contain criminal threats or fines as referred to in paragraph (2), in accordance with those stipulated in other laws and regulations. the technical side of the law, loading sanctions (criminal or administrative) is an option (optional). However, from a sociological perspective, the application of sanctions is often needed for people whose level of legal literacy is still low.
The real autonomy system contains several principles, namely: The basis and content of autonomy are determined based on the real conditions and factors of each region; The content of autonomy can, even will vary from one region to another depending on the real conditions and factors concerned; The content of autonomy can come from the transfer of government affairs from a higher level government unit or the regional initiative itself on the
basis of the interests of the region concerned and does not become or be regulated by a higher level government unit
Basically, government affairs will become regional household affairs, except for matters which due to their nature and importance must remain with the Central Government. The affairs that remain with the Central Government are those that will become the basis for the establishment of the Unitary State of the Republic of Indonesia, such as matters of defense security, foreign affairs, finance and supervision or control of regional governments. This principle is the guideline in the implementation of regional autonomy in Indonesia. The implementation of regional autonomy does not mean that a region is free to manage government affairs to the fullest extent without limits. In the case of Aceh, even though it has the title of “special autonomy to the fullest”, there are still limitations that cannot be managed and/or controlled by the Aceh provincial government. For example, foreign policy affairs, defense, security, fiscal monetary policies, and some religious affairs remain the domain of the central government.
Conclusion
The concept of the Trust Fund in environmental management and protection has not received much policy support from the central and local governments. The model Trust Fund in the environmental sector managed by the central government is the Reforestation Fund (DR). Government Regulation No. 35 of 2002 in conjunction with Government Regulation no. 58 of 2007 concerning the Reforestation Fund states in Article 1 Number (1) that "Reforestation Fund is a fund for reforestation and forest rehabilitation and its supporting activities which is collected from the holder of a Business Permit for the Utilization of Forest Products from natural forests in the form of wood." Opportunities End d The results of PES transactions managed by parties appointed by the parties (government, community and business actors/corporations) require a deposit scheme. Of course, this scheme must have a juridical basis so that its existence does not become a problem in the future. Moreover, Aceh has enormous potential for the continuation of carbon transactions. Some time ago it was heard that the Government of Aceh took the initiative to open a trust fund account to deposit philanthropic funds in the environmental sector including carbon trading funds and PES
transaction funds into a trust fund scheme. To date, however, the initiative seems to be moving slowly. Whereas with the specificity of Law no. 11/2006 concerning the Government of Aceh, the Governor has the authority to establish a regulation as a juridical basis for the formation of a trust fund in the environmental sector. Article 149 of Law no. 11/2006: “The Aceh government and district/city governments are obliged to carry out integrated environmental management by paying attention to spatial planning, protecting living natural resources,non biologicalnaturalresources,artificial resources,conservationoflivingnatural resources and their ecosystems, cultural heritage, and biodiversity with due observance of the rights of indigenous peoples and to the greatest extent possible for the welfare of the population.” In understanding the legal language, “…obligated to carry out integrated environmental management…” can be interpreted that related matters and are the embodimentoftheclausecanbecarriedout.Thus,theformationofa trustfundhasa juridical basis. So that the establishment of an account to accommodate these environmental services (PES) transaction funds in Aceh can be carried out. The next issue that must be solved by the stakeholders in Aceh is how to manage and distribute these funds to interested communities. This is important to think about so that this environmental service transaction fund is truly on target. The management of these funds must be independent, transparent and must be audited regularly.
Bibliography
Ministry of Environment and Forestry, R. of I. (2020). The State of Indonesia’s Environment 2020. 256. No Title. (n.d.).
UNEP. (2007). Environment and Reconstruction in Aceh : Two years after the tsunami. 72.
WWF Indonesia. (2007). the Document of Analysis on Policies for the Management of Sea and Marine Resources of Nanggroe Aceh Darussalam Province. 0 70.
http://rafflesia.wwf.or.id/library/admin/attachment/books/GreenCoast_doc_analysis_e ng_final.pdf
ALSAFORUM2022
THE FUTURE OF METAVERSE AND ITS PROTECTION ON DATA PRIVACY IN INDONESIA
Daffa’ Deta Prawira / ALSA LC Unair
daffaprawira762@Gmail.com
a) Introduction
Background
The metaverse is a hybrid of cyberspace, virtual reality, and augmented reality. The goal of Metaverse is to link individuals all around the world with more actual interaction and to help businesses grow. People may simply connect and integrate the digital and physical worlds into one vast world with the use of equipment created by the firm that built the Metaverse, which is Meta, and it will not require a large room to do so 1
Because the Metaverse is a new technology with many improvements still needed, it lacks legal foundations, particularly in the data privacy area. The functionality of the Metaverse is built on virtual reality, augmented reality, machine learning, and AI technology. These are behavioral learning tools that collect large amounts of classified personal information while potentially jeopardizing every user's privacy. The stolen identity can put the Metaverse is a new position for cyberbullying and other problems regarding its personal information.
The highly advanced technology will also be a challenge for law enforcement because the Metaverse is a large place and it is difficult to track down the theft because they can easily vanish and transform into a new account and avatar. If the police try to track down the IP address, it will also be difficult because they can also use a virtual private network or VPN 2
1 Ravenscraf, Eric. ‘What Is The Metaverse, Exactly’, (2022), https://www.wired.com/story/what is the metaverse, accessed on 23rd June 2022.
2 Ranger, Steve, ‘The metaverse is coming, but so are all these security problems’, (2022), https://www.zdnet.com/article/the metaverse is coming but so are all these security problems, accessed on 23rd June 2022.
There will be a need for specific laws governing the Metaverse.
Currently, the Metaverse is at high risk of becoming the next cybercriminal platform. The risk of virus attacks and data breaches on its AR/VR devices is very substantial, and there are no clear restrictions on how data is shared online because the Metaverse is linked to Meta itself.
Indonesia currently lacks a Data Protection Law, which is becoming increasingly vital in protecting Indonesian individuals, particularly as the Metaverse grows in popularity and the rapid development of highly advanced technology. Because the Metaverse can be accessed from anywhere in the world, an international agreement is also required. The author will demonstrate why the Metaverse is still a vulnerable environment in this paper, and will eventually command a government to place restrictions on it to protect its population.
Legal Issues
1. What are the probable cyber crimes of the Metaverse?
2. How does Indonesian law address these potential issues?
Basic Regulation
1. The 1945 Constitution of the Republic of Indonesia
2. Law Number 19 of 2016 on Amendments to Law Number 11 of 2008 concerning Information and Electronic Transactions
3. Government Regulation of the Republic of Indonesia Number 71 of 2019 about Electronic Transaction and Operating System
4. Universal Declaration on Human Rights
b) Legal Analysis
What are the probable cyber-crimes of the Metaverse?
The Metaverse promises a sophisticated technological future ahead of humankind's life, and it has the potential to significantly impact how people work and live. Because of the influence that the Covid 19 Pandemic has had, digital technologies such as the Metaverse have grown increasingly popular in this century. Many virtual meetings and digital transactions were conducted over
course of two years, and it has become an indispensable element of daily life. Combining reality and the virtual world is an intriguing project, but every good thing has a negative side effect. Despite providing a huge possibility for all stakeholders, the Metaverse nevertheless has several drawbacks.
The first thing we must safeguard in the formation of the Metaverse is our fundamental human rights. The Universal Declaration of Human Rights, or UDHR, has already ensured our protection as individuals, particularly in Article 3 which states, "Everyone has the right to life, liberty, and personal security,”.3
Because the Metaverse's creation is built on blockchain enabled systems, the Metaverse's current state is too vulnerable to the violation of its users' private data. As a result, cybercriminals will have a new avenue to launch their assaults, such as using smart contracts to gain private access to a user's crypto account.4 It can also be a platform for people to hijack virtual reality gadgets, and because the devices are linked to cloud storage, it has the potential to be a new manner of phishing.
Another issue is identity theft, because the avatar in Metaverse is easily stolen, allowing hackers to access anyone's personal information, and digital assets, and execute frauds in around five minutes. Because hackers can gain access to someone's account, they can use that personal information to impersonate that person and, eventually, commit crimes by impersonating that person.5 Personal information that has been stolen can potentially be sold on the black market and utilized to commit a fraudulent crime. In the first quarter of 2022, 3.180 cases of phishing were recorded, a significant increase over the first quarter of 2021, when just 536 occurrences were reported.6 Because the Metaverse is still in development, there have been no reported cases of cyber
3 Article 3 Universal Declaration on Human Rights
4 Bryan, Lim et al., ‘Realizing the Metaverse with Edge Intelligence: A Match Made in Heaven’, (2022), arXiv:2201.01634 Volume 1, [8].
5 Wang, Tuntao et al., ‘A Survey on Metaverse: Fundamentals, Security, and Privacy’, (2022), arXiv:2203.0266 Volume 2, [9].
6 Dihni, Vika, ‘IDADX: Ada 3.180 Laporan Phishing pada Kuartal I 2022’, https://databoks.katadata.co.id/datapublish/2022/06/08/idadx ada 3180 laporan phishing pada kuartal i 2022, accessed on 24th June 2022.
7
attacks in the Metaverse. However, if the Metaverse already has a solid foundation and there are no particular regulations governing it, law enforcement will face a difficult problem in combating cyber crime.
How does Indonesian law address these potential issues?
According to Article 28G of the 1945 Indonesian Constitution, "everyone has the right to personal protection, family, honor, dignity, and property under his control, as well as the right to a sense of security and protection from the threat of fear to do or not do something which is a basic right," which means that everyone in the Metaverse has the right to protect their personal information and any data stored on the platform.7
The Metaverse allows users to accomplish everything that they can do in the real world, but the Metaverse concept is to combine the virtual and real worlds into one large environment. As a result, it can generate real world issues, such as hackers recording the footage and knowing the user's home or private space, resulting in an invasion of privacy. The only way to safeguard them is to install cyber security software, which is difficult to perform because the Metaverse is a sophisticated platform.
However, Indonesia is one of the ASEAN countries that lacks a comprehensive data protection law. In fact, ASEAN has no data protection regulations, unlike the European Union, which enacted a General Data Protection Regulation (EU GDPR) in 2016. Because the development of highly advanced technology is on the rise, Indonesia is currently in need of specialized law. Indonesia's Minister of Communication and Information Technology has already made strides in promoting and pushing for the data protection draft bill to be legally implemented, as well as the establishment of virtual world law.8 Until now, there have only been sector specific laws, such as Law Number 19 of 2016 on Amendments to Law Number 11 of 2008 Concerning Information and
Article 28G The 1945 Constitution Republic of Indonesia.
8 CNN Indonesia, ‘Pemerintah Siapkan Aturan Ekosistem Media dan Metaverse’, https://www.cnnindonesia.com/teknologi/20220208192641 185 756673/pemerintah siapkan aturan ekosistem media dan metaverse, accessed on 25th June 2022.
Electronic Transactions, which stated that a party must have the person concerned in order to use any information via electronic media when it concerns a person's personal data.9 However, this is still insufficient to handle the Metaverse in the long run.
The Metaverse can also be used to create a virtual marketplace, which means it can be used to sell illegal items such as narcotics, weapons, or even stolen creative art. NFT, or non fungible token has been a hot issue recently, and the Metaverse can easily allow such transactions 10 Unfortunately, due to a lack of expertise, Indonesia's law enforcement does not yet meet the threshold to conduct an inquiry in that area. Only Government Regulation Number 71 of 2019 about Electronic System and Transaction Operation can comprehend the challenges that the Metaverse can cause in the topic of business.
In order to combat this type of war and crime, the Indonesian government must provide a basic training to its law enforcement officers especially the police authority An additional commission or independent agency to regulate and control the virtual reality world and protect the user's data is also urgently needed. Indonesia will need to create a specialist police department to combat cybercrime as it develops its police authority. As a result, the so called "internet police" will be a significant invention for Indonesia in the coming years.11
c) Conclusion
The Metaverse is a vast platform that can bring a new way of life in the coming years. The Metaverse, on the other hand, has a few risks, such as privacy threats, identity theft, impersonation, and fraud acts of the marketplace that can be held in the Metaverse, such as NFT and cryptocurrency. The advancement of
9 Tan, Sharon and Azman, Syariah Nurul, ‘The Eu GDPR’s impact on ASEAN data protection Law’, https://www.financierworldwide.com/the eu gdprs impact on asean data protection law#.YrV24JBBw Q, accessed on 24th June 2022.
10 Lau, Lean Pau, ‘The metaverse: three legal issues we need to address’, https://theconversation.com/the metaverse three legal issues we need to address 175891, accessed on 25th June 2022.
11 Anderson, Nate, ‘The Internet Police: How Crime Went Online, and the Cops Followed’, (W. W. Norton & Company 2013), [28].
highly advanced technology in the twenty first century is quite rapid. Not only is technology advancing, but criminal methods are also becoming more technologically advanced.
Despite its allure, the Metaverse lacks a legal foundation in the ASEAN region, particularly in Indonesia. The lack of a data protection policy will make it difficult for Indonesia to comprehend the possible crimes of the Metaverse. The development of a specialized cyber police or internet police will be of great assistance to Indonesia in combating cyber dangers and supervising virtual activities, particularly on the promising platform known as the Metaverse.
d) Bibliography Book
Anderson, Nate, ‘The Internet Police: How Crime Went Online, and the Cops Followed’, (W. W. Norton & Company 2013), [28].
Journal
Bryan, Lim et al., ‘Realizing the Metaverse with Edge Intelligence: A Match Made in Heaven’, (2022), arXiv:2201.01634 Volume 1, [8].
Wang, Tuntao et al., ‘A Survey on Metaverse: Fundamentals, Security, and Privacy’, (2022), arXiv:2203.0266 Volume 2, [9].
Webpage
CNN Indonesia, ‘Pemerintah Siapkan Aturan Ekosistem Media dan Metaverse’, https://www.cnnindonesia.com/teknologi/20220208192641 185
756673/pemerintah siapkan aturan ekosistem media dan metaverse, accessed on 25th June 2022.
Dihni, Vika, ‘IDADX: Ada 3.180 Laporan Phishing pada Kuartal I 2022’, https://databoks.katadata.co.id/datapublish/2022/06/08/idadx ada 3180 laporan phishing pada kuartal i 2022, accessed on 24th June 2022.
Lau, Lean Pau, ‘The metaverse: three legal issues we need to address’, https://theconversation.com/the metaverse three legal issues we need to address 175891, accessed on 25th June 2022.
Ranger, Steve, ‘The metaverse is coming, but so are all these security problems’, (2022), https://www.zdnet.com/article/the metaverse is coming but so are all these security problems, accessed on 23rd June 2022.
Ravenscraf, Eric. ‘What Is The Metaverse, Exactly’, (2022), https://www.wired.com/story/what is the metaverse, accessed on 23rd June 2022.
Tan, Sharon and Azman, Syariah Nurul, ‘The Eu GDPR’s impact on ASEAN data protection Law’, https://www.financierworldwide.com/the eu gdprs impact-on-asean-data-protection-law#.YrV24JBBw-Q, accessed on 24th June 2022.
Regulations
The 1945 Constitution of the Republic of Indonesia.
Universal Declaration of Human Rights.
Law Number 19 of 2016 on Amendments to Law Number 11 of 2008 concerning Information and Electronic Transaction.
Government Regulation of the Republic of Indonesia Number 71 of 2019 about Electronic Transaction and Operating System.
THE VALIDITY
VIRTUAL OBJECT SELLING AGREEMENT IN METAVERSE BY LAW IN INDONESIA
Diqa Qothrunnadaa Amanda Nur Sella ALSA Local Chapter Universitas Airlangga
1. INTRODUCTION
a. Background
Human development in the world is also accompanied by technological developments, one of which is metaverse technology. Etymologically metaverse comes from the words meta and verse, meta means something that goes beyond while verse is the universe. So the metaverse is defined as something beyond the universe.
Mark Zuckerberg CEO Meta defines metaverse as a technology that allows people to gather and communicate by entering the virtual world. In this case, it allows users to get a visual display in the virtual world in such a way that it is similar to the real world situation. The metaverse technology not only makes the virtual world look like the real world, but the social processes and interactions are also the same as the real world.1
Sandhika Galih, Lecturer in Informatics Engineering at Pasundan University, stated that the mataverse is an aspect of social, gaming, augmented reality (AR), virtual reality (VR), and digital currency that allows individuals to interact with each other virtually and users can do anything like in the real world, from starting to work, sports, entertainment and others.
Metaverse combining human interaction with avatars (human visuals in cyberspace) as well as various products and services between the real world and the unlimited digital world, where everything can take place
1 Charles Blazer, 2006, The Five Indicia of Virtual Property, Vol. 5, The University of New Hampshire Law Review, Concord.
OF THE
simultaneously and in parallel. Metaverse has great potential for people to interact, work, learn and create anywhere.Since the announcement of the metaverse by Meta CEO Mark Zuckerberg in October 2021, the development of the metaverse has been very fast. The development of this metaverse occurs in banking, gaming, tourism and other fields such as property and land.2
b. Legal Issue
Although it has been widely used, the law in Indonesia has not specifically regulated virtual property. The existing laws are also deemed insufficient to cover legal issues regarding virtual property. Legal issues regarding virtual property that may arise are regarding the validity of the virtual property sale and purchase agreement as well as regarding the legal consequences of the anonymity of the parties in the online virtual property sale and purchase agreement.
c. Basic Regulation
Legitimacy in the KBBI means legal character. Although the virtual property sale and purchase agreement has not been specifically regulated by Indonesian law, the validity of the virtual property sale and purchase agreement is subject to the legal terms of the agreement in Article 1320 of the Civil Code. In addition to the Civil Code, there are other laws and regulations that also regulate the validity of virtual property sales and purchase agreements, namely the Information and Electronic Transaction Law.3
2 Teo Keipi and Atte Oksanen, 2014,” Self exploration, anonymity and risks in the online setting: analysis of narratives by 14 18 year olds”, Journal of Youth Studies, Vol.17 No.8, Routledge.
3 Article 1320 of the Civil Code
2. ANALYSIS
a. Validity of Virtual Object Sale and Purchase Transactions
Transactionscarriedoutin the metaversehave legally compliedwith the provisions of Article 1320 of the Civil Code. In the provisions of Article 1320 of the Civil Code which explains the conditions for the validity of an agreement which includes:
1. There is an agreement for those who bind themselves; In this case, there is no coercion, oversight or deception against the parties to the agreement.
2. The ability of the parties to enter into an engagement; Basically, being competent means having matured sound mind, not under guardianship andnotprohibitedby law.Proper in this case issomeonewhois18years old.
3. A certain thing; and
4. A lawful cause.
The reason that is lawful or permissible is that the object in the agreement does not conflict with the laws and regulations. Transactions carried out in Metaverse are actually the same as transactions in general, the difference being the place where the transaction is carried out and the object of the transaction. Which objects rather than transactions are properties or items that are virtual and can only be used in the Metaverse. These transactions are also often referred to as trading through electronic systems.4
First, it is necessary to understand that the object purchased in the metaverse is in the form of an object in the form of a Non-Fungible Token (NFT). This means that the proof of ownership of an asset in the form of land is proven from the ownership of the NFT. NFT itself is a digital asset that represents real world objects such as paintings, music, or even land in
4 Dio Ariesky, 2016, Virtual Property in Indonesian Property Law, Thesis, Faculty of Law, Islamic University of Indonesia Yogyakarta.
the metaverse. Objects in the provisions of Article 499 of the Civil Code are defined as each item and each right, which can be controlled by property rights. In this case, it can be in the form of tangible goods and intangible goods.
Furthermore, intangible goods can also be in the form of rights such as copyrights, patents and others. From the description of the article above, NFT is included in the category of intangible goods in the form of digital assets that are protected by copyright, where NFT is encrypted on the blockchain and cannot be duplicated, so that NFT assets are guaranteed to be authentic. In transactions in Metaverse, smart contracts are also carried out by both parties. Smart contracts are basically the same as agreements in general. 80 of 2019 concerning Trading Through Electronic Systems.5
Furthermore, smart contracts are electronic agreements in the form of computer code that have the ability to execute and enforce the provisions of the agreement automatically which will be stored on the blockchain, which is a technology that continuously collects and distributes transaction data between parties. Then the data is verified for authenticity digitally and instantly to ensure its security. In principle, buying and selling virtual objects in this metaverse are legal. This is because of the agreement that occurred between the two subjects who have stated their agreement in accordance with the provisions of Article 1320 of the Civil Code. The object is also not prohibited in the laws and regulations, even though the object is virtual or NFT.So that from a normative juridical perspective, land sale and purchase transactions in the form of NFT in the metaverse are recognized as valid according to the laws and regulations in Indonesia.
b. Anonymity in Virtual Object Sale and Purchase Transactions
5 Ardinila Nugrahaningtyas, 2016, Ownership of Virtual Property in Property Law in Indonesia, Thesis, Faculty of Law, Islamic University of Indonesia.
In virtual property sales and purchase agreements, especially those conducted online, anonymity is known where the parties to the online sale and purchase agreement can use false identities or disguises. This is common in activities in cyberspace, including in virtual property sales and purchase agreements.6
Keipi and Oksanen categorize anonymity into 3 (three) namely visual anonymity (visual anonymity), pseudonymity (pseudonymity), and complete anonymity (full anonymity). The categories are carried out based on the function scale. The existence of anonymity in the agreement can bring legal consequences for the parties. The legal consequences include: null and void, can be canceled, the agreement cannot be implemented, or administrative sanctions.7
In the metaverse there are 2 (two) legal consequences that may arise from the anonymity in the virtual property sale and purchase agreement. First, the virtual property sale and purchase agreement is binding and applies as law for the parties because the agreement has fulfilled the terms of the agreement, and based on the principle of freedom of contract, the parties are allowed to enter into agreements with anyone, including anonymous parties, as long as the parties agree. Second, by the party who feels aggrieved, the agreement can be canceled because it does not fulfill the terms of the agreement, in which there is a will in the form of an error regarding the identity of the parties.
3. CONCLUSION
Based on the discussion that has been described previously, it can be concluded that the validity of the virtual property sale and purchase agreement is subject to the legal terms of the agreement in Article 1320 of the Civil Code,
6 Joshua AT .airfield, 2005, Virtual Property, Vol.85 1047, Boston University, Boston 7 Toe Keipi and Atte Oksanen, Opcit...
namely an agreement made without any defects of will, the ability of the parties to enter into an agreement, certain things that are the object of the agreement, and causes that do not conflict with the law, decency, and public order. Then, there are 2 (two) legal consequences that may arise from the anonymity in the virtual property sale and purchase agreement. First, the virtual property sale and purchase agreement is binding and applies as law for the parties because the agreement has fulfilled the terms of the agreement. and based on the principle of freedom of contract, the parties are allowed to enter into agreements with anyone, including anonymous parties, as long as the parties agree. Second, by the party who feels aggrieved, the agreement can be canceled because it does not fulfill the terms of the agreement, in which there is a will in the form of an error regarding the identity of the parties.
BLIBIOGRAPHY
Journal
Charles Blazer, 2006, The Five Indicia of Virtual Property, Vol. 5, The University of New Hampshire Law Review, Concord.
Joshua AT .airfield, 2005, Virtual Property, Vol.85 1047, Boston University, Boston
Teo Keipi and Atte Oksanen, 2014,” Self exploration, anonymity and risks in the online setting: analysis of narratives by 14 18 year olds”, Journal of Youth Studies, Vol.17 No.8, Routledge.
Indonesia Law
Article 1320 of the Civil Code
Subect. R and Tjitrosudibio. R, 1992, Civil Code, Balai Pustaka, Jakarta.
Law Number 11 of 2008 concerning Information and Electronic Transactions.
Thesis
Ardinila Nugrahaningtyas, 2016, Ownership of Virtual Property in Property Law in Indonesia, Thesis, Faculty of Law, Islamic University of Indonesia.
Dio Ariesky, 2016, Virtual Property in Indonesian Property Law, Thesis, Faculty of Law, Islamic University of Indonesia Yogyakarta.
PROTECTIONTOWARDSCRIMESANDMISCONDUCTSINTHE METAVERSEWORLDININDONESIA
NugraAlayyaWahab/ALSALCUNAIR naya0wahab@gmail.com
I. Introduction
Background
The metaverse is an integrated network of three-dimensional virtual worlds that are accessed through a virtual reality headset, where users can navigate their metaverse avatars using their eye movement, feedback controllers, or voice command. Users can use their avatars to interact with other users and they even get the chance to manipulate their environment.1 The application of metaverse and all the technology within has met a very drastic turning point, from just being used for gaming, now more industries are experimenting on moving parts of their business to the metaverse. Entertainment labels have been experimenting by hosting concerts in the metaverse, sports industries building virtual stadiums for fans towatchtheir matchesvirtually,andevenpurchasevirtualmerchandisefortheiravatars. While being relatively new, the numberofusersinmetaversearerapidly increasing as many people now have moved parts of their lives to the metaverse world. As the numbers of users continuously grow, so do the numbers of crimes that are reported to happen in the virtual three-dimensional world follow with it. From regular online misconducts like trolling or cyber-bullying to virtual crimes such as stalking, menacing, even harassment has happenedinthistimewherethisplatformhasincreased theusage.2
1 Ma,Adrian “What is the metaverse, and what can we do there?”, https://theconversationcom/what is the metaverse and what can we do there 179200,accessedonJune 25th2022.
2 Sangani,Priyanka “Metaverse crimes challenging, say legal experts”
https://economictimes.indiatimes.com/tech/technology/metaverse crimes challenging say legal experts/ar ticleshow/92443208cms,accessedonJune25th2022
Along with the rapid development and rampant crime that occurs in the metaverse, both users and experts can agree that there is a need for a new legal framework and laws to regulate the activities and behavior that is or will be happening in the metaverse as thecurrentlawdoesnotrecognisethe aspects in metaverse such as digital avatars. Not only does the Meta world need to set ethical ground rules for its users, but governments in everystate where metaverse is available also needs to be making regulations for their citizen’sprotectionandconvenience.
Even though Indonesia already has laws regulating cyber crimes, the ones in scope are not the new trends of crimes that arehappeningrightnow or may be a trend in the next few years. At this point of time, the main company that develops metaverse in Indonesia, V2, is in the socialization stage and are currently attempting to educate the people before actually stepping into the utilization of the metaverse. But in order for a virtual societytoexist,lawsandregulationsmustbeestablished,clearsanctionsand consequences have to be outlined to prevent someone from breaking the law 3
LegalIssues
1. Whatshouldbeconsideredacrimeinthemetaverse?
2. How can the Indonesian government prevent crimes in the metaverse fromhappening?
BasicRegulations
1. Law Number 19 of 2016 onAmendmentstoLawNumber11of2008on InformationandElectronicTransaction
2. ConventiononCybercrime
II. LEGALANALYSIS
1. Whatshouldbeconsideredacrimeinthemetaverse?
3 Ledstrup,David “LegalandSafetyConcernsintheMetaverseWorld” https://wwwkubbcocom/metaverse world/,accessedon27thJune2022
Before the world had experienced technological advances as itis today, people would reasonably consider the things that happen or what they do online, would be legally and morally permissible. Since it does not bring directharmorphysicalriskstotheotherpersonoranyoneelse. But while most people think that virtual murder in games (killing non player characters) is morally permissible,thatgroupofpeoplewouldnot think thesameaboutvirtualpedophilia.4 Butasweevolvefromgamesto the actual virtual reality world, there should obviously be a shift on the definitionof“crime”inthevirtualworld.
In the 2001 Convention on Cybercrime treaty, cyber offenses is detailed as illegal access, illegal interception, data interference, system interference, misuse of devices, computer-related forgery and fraud, offenses related to child pornography, and offenses related to infringements of copyright and related rights.5 These offenses have absolutely happened for the past years, even decades, but as time goes by,andasthetechnologyhasadvanced,humansalsoareabletofindnew things to do on the internet, especially inthemetaverse.Inwhichcrimes andmisconductsaretrulyinevitable.
Not only has technology advanced, but so does the people’s terrifying behavior online. Researchers found that women have been recounting virtual sexual harassment.6 Female avatars are beingverbally harassed while being in the virtual space, even groped and raped while being in the metaverse.Uptothepointwhereexpertsaresayingthatina few years, there might be even murdershappeninginthemetaverse(one useravatartoanother),andbeforethatcanhappen,itmustbeprevented.7
4 Luck,Morgan “The Gamer’s Dilemma: An analysis of the arguments for the moral distinction between virtual murder and virtual pedophilia”, 2009
5 ConventiononCybercrime
6 Coben,Jamie“Researchers Have Warned About Harassment in the Metaverse for Decades” , https://onezeromediumcom/researchers have warned about harassment in the metaverse for decades c6 6c6293bced,accessed27thJune2022.
7 Shead,Sam,“Serious crime in the metaverse should be outlawed by the U N , UAE minister says ” https://wwwcnbccom/2022/05/25/metaverse murders need to be policed says uae tech ministerhtml, accessed27thJune2022
Other than this beingconsideredacrimeifdoneinreallife,users are starting to worry that children might also besharingthesamevirtual space with the adults, especially the ones who are doing these misconducts. One of the instances being where a news reportervisiteda space in the metaverse platform under an underaged girl persona, and duringthevisit,shesawexplicitsexualbehaviors,grooming,threats,and harassment by adultsasshefreelywandersaroundvirtualstripclubsasa 13-year-oldgirlwheretheadultscanminglewithherastheylike.8
Furthermore, there are yet to be amendments and/or new lawsor treaties covering the crimes that are being committed in the metaverse thesepastyearsthathavebeenemerginginthetrends.
2. How can the Indonesian government prevent crimes in the metaversefromhappening?
Reflecting on the Indonesian law, the government has also not made any changes to the regulations to expand the scopeof“crimes”on the internet, especially in the metaverse. Indonesia has made laws on cybercrimes but then again, at this point, it needs to be revised or renewed as the new-age crimes are not yet covered under the existing laws. Indonesia only regulated cyber crimes as far as personal data distribution, online gambling, threats and extortion, hoax, hate-speech, tapping, security system breach, basically the main things revolving around personal data, publishings, and interception of governmental affairs.9
As the new-age crimes emerge and the utilization of the metaverse is continuously increasing, Indonesia has to make amendments on the laws for cyber crimes thatwillnotonlyprotectwhat
Article27 30,LawNumber19of2016onAmendments toLawNumber11of2008onInformationand ElectronicTransaction
9
8 Crawford,Angus&Smith,Tony,“Metaverse app allows kids into virtual strip clubs” https://wwwbbccom/news/technology 60415317,accessed27thJune2022
the citizenshareonlinebutalsotoprotectanddosurveillanceontheuser experienceintheplatformwhich,inthiscase,isthemetaverse.
There might not yet be too many incidents that had occurred to Indonesian citizens in the metaverse, and that the metaverse world’s progress in Indonesia is currently still in the introduction phase withthe intention of making sure the prospective users will know what the metaverse has to offer But in fact, just at this phase would be the right time to be formulating the things that need to be amended inthecurrent lawregulatingcybercrimes.
Not only does the government need to protect their citizens with regulations, but also with campaigns on the consequences of joining the virtual reality world of the metaverse. People need to be prepared for user-on-user crimes which includes cyber violence, harassment, trespassing, deception, and obscenity.10 Even without the metaverse, people have done all those things already on the internet,nottomention in the metaverse where people will feel a lot more freedom and liberty acting on the platform. Without any laws regulating how people act in the virtual world, there is no reason they will not continue to practice terrifyingmisconducts.
III. CONCLUSION
As the world is changing, humans must be able to adapt to those changes, including in technology. Beforetechnologywaseventhisgreat,the world has already been afrighteningplace,nottomentionnowwhenpeople have easy access to basically anything they desire. By the meanings of adaptation, it isnotjustaboutadaptingtothechangesofcustomsandtrends, but also how to protect the people and how to make sure they have a safe experiencewhilebeingpartofthatchangeandadaptation. Along with the adaptation of technology, it follows the minds of the people, including the evil thoughtsthathaveneverceasedtoshockeveryone
10 Arti,“MetaverseCrimes:HowistheVirtualWorldEvaluatingMisbehavior”, https://www.analyticsinsight.net/metaverse crimes how is the virtual world evaluating misbehavior/#:~:t ext=Crime%20in%20the%20metaverse&text=People%20should%20prepare%20themselves%20for,do% 20so%20in%20the%20metaverse, accessed27thJune2022
else on how they can be so brutal and terrifying. No one would have imagined being able to be sexually harassed online, or being murdered through the internet, or even being virtually robbed not just personal data theftbutalsoactualrobberiesofpersonalpropertiesandwealth.
Ensuring the safety andconvenienceoftheusersshouldbeineveryone’s accountability. From the developers andthemetaversecompanies,whoneed to make ground moral and ethical rules for the users to live by, and to regulate how the offenders and violators will be judged followed by the consequences of their action as well as user safety protocols. Every states’ government in which the citizens are active and/or participating in the metaverse world must make amendments to their existing laws to protect their citizens from anykindofharmthatcanhappenonline,especiallyinthe metaverse world. Without exception, it also will be the responsibility of fellow users to keep the community safe and well managed, as well as reporting any misconducts they or someone they know have experienced or seenhappen.
IV. BIBLIOGRAPHY
Book
Luck, Morgan. “The Gamer’s Dilemma: An analysis of the arguments for the moral distinction between virtual murder and virtual pedophilia”, 2009.
Journal Webpage
Arti, “Metaverse Crimes: How is the Virtual World Evaluating Misbehavior”, https://www.analyticsinsight.net/metaverse-crimes-how-is-the-virtual-worldevaluating-misbehavior/#:~:text=Crime%20in%20the%20metaverse&text=P eople%20should%20prepare%20themselves%20for,do%20so%20in%20the %20metaverse, accessed27thJune2022.
Coben, Jamie “Researchers Have Warned About Harassment in the Metaverse for Decades”, https://onezero.medium.com/researchers-have-warned-about-harassment-in-t he-metaverse-for-decades-c66c6293bced,accessed27thJune2022.
Crawford, Angus & Smith, Tony, “Metaverse app allows kids into virtual strip clubs”https://www.bbc.com/news/technology-60415317,accessed27th June2022.
Ledstrup, David. “Legal and Safety Concerns in the Metaverse World” https://www.kubbco.com/metaverse-world/,accessedon27thJune2022.
Ma, Adrian. “What is the metaverse, and what can we do there?”, https://theconversation.com/what-is-the-metaverse-and-what-can-we-do-ther e-179200,accessedonJune25th2022.
Sangani, Priyanka. “Metaverse crimes challenging, say legal experts” https://economictimes.indiatimes.com/tech/technology/metaverse-crimes-ch allenging-say-legal-experts/articleshow/92443208.cms, accessed on June 25th2022.
Regulations ConventiononCybercrime.
Law Number 19 of 2016 on Amendments to Law Number 11 of 2008 on InformationandElectronicTransaction.
