The internet was the the global and cheap public network. In fact, the Internet was the network of the public that did not have adequate security facilities. This caused the consequences that all the transactions that were carried out through the Internet were the form of the high risk transaction.
The weakness that was owned by the Internet as the network of this not safe public could minimalize with the existence of the application of encryption technology information (cryptography). Electronic the data transmission in e-commerce was pacified by carrying out the process encryption so as to cipher/locked the data that only could be read/was opened by carrying out the process reversal that is the process decryption. The example of protocol that made use of cryptography was SSL protocol, SET, PGP, etc. These protocols were used in the transaction in the Internet.
Must be underlined, with the existence of the development of technology in the future, was open the possibility of the existence of the use e-commerce in the media apart from the Internet, like for example in the GSM network. Moreover, encryption results, that is ciphertext/locked the data could be written/was printed in paper, and had the validity that was the same as the electronics data.
In the transaction e-commerce, cryptography equipment that most often was utilised was digital signature. If the sender the message added the digital signature in the message, the recipient could feel be sure that after being signed by the sender, the message was not manipulated during in the trip. The characteristics that was owned by the digital signature was:
- Authentic, could not/was difficult to be written/was imitated by the other person.
- Ordered and the signature this message could also become the material evidence, so as the signing could not deny that previously he had not signed it.
- Only was legal for the document (ordered) that or his coffee that was same precisely. The signature could not be moved to the other document, although the other document only was a little different. This also was significant that if the document was changed, then the digital signature from this message no longer is legal.
- Could be checked easily, including by sides that had never gazed at the direct face with the signing.
Generally, the digital signature used the technique to the public of key cryptography, the key simetric and a function hash one direction. Ought to be recorded that the digital signature not the signature from someone that in- scan or was put into the computer used stylus or mouse, but was the collection from mathematical calculations to encode the data, that is with cryptography. Other terminology for digital signature is ‘digitally ensured document ', supposing as a document that had been locked and the content can’t be manipulated.
In these discussions could be seen from various aspects, in part:
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The aspect of the Public's Law/Criminal.
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The aspect of Civil Law, Contract, including the Certificate Authority problem (CA).
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The aspect of the International Commerce Contract, included international contract discussions was based on UNCSIG, the model law electronic commerce and digital signature from UNCITRAL and GUIDEC, as well as his law enforcement.
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The aspect of the Provement Law, explained about how the digital signature could to the evidence that was legal in the court.
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The aspect of the Insurance of E-Commerce, explained the problem of the trade insurance and his relevance with the trade in the Internet. Discussed also concerning risk analysis the piercing of the cryptography key that was utilised in digital signature.
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The aspect of the Consumer Protection Law.
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The validity of the intellectual property rights Law.
Research results showed that Indonesia in a mental manner was still not ready whereas in other the side, this characteristics were very urgent. The Indonesian social circle now carried out the activity in the scope electronic commerce, in any case that knew or concern concerning this problem only was limited in the circle that was close with the Internet (although being named beforehand the possibility e-commerce outside the Internet. Whereas this circle only a small part of the community. Because of the user of the computer (that in a manner indirectly influential) relatively still a minority.
In other words, the Indonesian community must immediately prepare itself faced this problem as immediately as possible, in view of the fact that the other country has prepared itself in trade electronically, with the existence of the ease that were carried by him. Therefore, must be thought about by the existence of the socialisation e-commerce to all the Indonesian community.
Afterwards had the problem, was not yet ready him several Indonesian legal regulations.
The principle that was suggested to be held was "Transform the Medium, not the Instrument". The activities in e-commerce in a manner the General could be still being categorised as the trade normally, although the existence of significant matters that distinguished like the electronic media that replaced paper-based transaction. Could be said several this current available legal regulations could have sufficed, was good by means of did the interpretation in an analogy manner towards the available action in e-commerce (towards the available rule) and carried out the interpretation by means of putting the legal regulation into effect whereas that in a manner essence was same (for example: electricity and the electronics data). In special matters, really must be made new by the legal regulation, like the existence of the special regulation in the digital field signature as the mechanism of the main security to e-commerce, because in this field could not be done by the interpretation to avoid misunderstood concerning essence from digital signature.
Must be paid further attention to that legal equipment in Indonesia especially civil law basically could cover problems that emerged. This civil law generally. (sec.general: the standard well-off, but Indonesia was still needing the regulation that was more specific to guarantee the assurance of the law for each civil law action especially in the field electronic commerce.
Concerning the digital problem signature as the evidence in the judicature, in fact, the judge in accordance with the provisions of the Article 22 Algemene Bepalingen, was forbidden to refuse to try an available case of his legal regulation. The judge was also prosecuted to do rechtvinding (the discovery of the law) apart from carrying out the interpretation analogy and the extentive interpretation that was suggested above.
The role of the representative legal consultants the side that carried out a legal action in the field e-commerce is very big. For the time being, that was carried out by them was to look for the standards. This research also recommended in order to be formed by a special team in the legal field/the regulation e-commerce as immediately as possible. This special team must be immediately formed to prepare the legal regulation in the field e-commerce especially Digital Signature. The position of this team under several departments, like the Secretariat of the Country, Department of the Trade and the Industry, of Department of Justice, Department of the Telecommunications field, and several other departments that were linked was tight to this problem. This special team could work in an inter manner the department so as all the problems could be included widely.
By: Ferry