UU NOMOR 19 TAHUN 2016 TENTANG PERUBAHAN ATAS UU NOMOR 11 TAHUN 2008 TENTANG INFORMASI DAN TRANSAKSI ELEKTRONIK PERSPEKTIF MASLAHAH MURSALAH

Faidi Anwar, NIM.: 17103070085 (2022) UU NOMOR 19 TAHUN 2016 TENTANG PERUBAHAN ATAS UU NOMOR 11 TAHUN 2008 TENTANG INFORMASI DAN TRANSAKSI ELEKTRONIK PERSPEKTIF MASLAHAH MURSALAH. Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

In Law Number 11 of 2008 in conjunction with Law Number 19 of 2016 concerning Electronic Information and Transactions (UU ITE), which is a formal form of a system with the aim of providing a sense of security, justice, and legal certainty for users and providers of Information Technology . The anxiety of users and organizers is why a law is believed to be capable of being an information technology control system. However, recently, the ITE Law has received public scrutiny because of reports from several individuals and community groups using this law, especially article 27 paragraph (3) and article 28. President Jokowi has caught the anger of a number of articles in the Electronic Information and Transactions Law which is considered not to give a sense of justice. The head of state at the 2021 TNI and POLRI leadership meeting said that he would ask the DPR together with the government to revise the ITE Law if the Law does not provide justice for the community. The head of state said that the ITE Law was widely used by the public as a legal reference for making reports to the police. However, in its application, legal processes often arise which are considered by some parties to be lacking in their sense of justice. The research conducted by this author is a study on the revision of Law Number 19 of 2016 with several theories used, namely, Maslahah Mursalah, Siyasah Tasyri'iyyah, and Law Enforcement Policies. This research is a type of library research with a normative juridical approach. While the research sources obtained are through legislation, literature related to research. The results of this study are that Law Number 19 of 2016 concerning Electronic Information and Transactions is not in accordance with Islamic teachings contained in the siyasah tasri'iyyah theory starting from the side of justice and problems as well as the concept of establishing the law itself. Likewise, according to the Law Enforcement Policy that is not appropriate which does not reflect a sense of justice for the community. In the law, when viewed from law enforcement, it only prioritizes aspects of legal certainty by ignoring aspects of justice and legal benefits for the community so that this ITE Law needs to be revised again.

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