The 4th Open Society Conference OSC 2022
Faculty of Law, Social and Political Sciences
Universitas Terbuka 105
Readiness Of the Government in Legal Regulations to Face the
The 4th Open Society Conference
INTRODUCTION
The development of science and technology that is increasingly rapidly affecting all aspects of human life, science that is currently developing has entered the era of technological progress. Humans are required to carry out all activities quickly, effectively, and efficiently.
These technological advances bring changes to society both from the mindset, lifestyle and even the world of work.
Metaverse is a new technology that has started to enter Indonesia, metaverse is described as a virtual world that can be visited by people through Virtual Reality (VR) devices. With technology in the metaverse era, humans can break through boundaries and spaces that were previously difficult to reach and possess. Metaverse technology is also capable of infiltrating all lines of the economy. As many as 25% of the population is estimated to spend one hour per day in the metaverse in 2026. The Ministry of Communication and Informatics targets 5G to be evenly distributed in Indonesia in 2024 to 2025. Therefore, the ministry is aggressively reorganizing spectrum or refarming to build a 5G ecosystem1. Metaverse is transformed into something that has the potential to change life experiences for the better broad and can be used by anyone to be able to enter all lines as well as various digital activities and activities.
This increasing use of digital makes digital experiences not always pleasant and positive, from the use of existing technology in the metaverse that presents something fun, there is another side that can have negative and detrimental impacts arising from cybercrime.
Information Technology is like a double-edged sword, because apart from contributing to the improvement of human welfare, progress, and civilization, it is also an effective means of unlawful acts2. legal actions that often occur in cyberspace that can also occur in the metaverse as one of the technological innovations are the theft of personal data. The cyber police recorded that 182 cases of data theft were reported by the public. This figure increased by 27.3%
compared to the previous year which was 143 reports. Over the past five years, the increase in data theft reports increased by 810% from 20 reports in 20163. as shown in the following table:
Table 1. Data Theft Case Reports (2016-2020)
Source: Cyber Patrol
1 Potensi Adopsi Metaverse di Indonesia Tergantung Pengembangan 5G”,
https://katadata.co.id/desysetyowati/digital/624c68b160f17/potensi-adopsi-metaverse-di-indonesia-tergantung-pengembangan-5g
2 Ahmad M. Ramli, Cyberlaw dan HAKI dalam Sistem Hukum di Indonesia, 2004, hal. 1.
3 Pencurian Data Pribadi Makin Marak Kala Pandemi
https://databoks.katadata.co.id/datapublish/2021/09/07/pencurian-data-pribadi-makin-marak-kala-pandemi
107 OSC 2022 Theme 1: Cyber Security Challenges In Law Perspective ISBN: 978-602-392-329-8 e-ISBN: 978-602-392-330-4
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The increasing number of Cyber Crime cases in Indonesia is a negative effect that needs special attention from the government. The government must prepare regulations and policies to tackle crimes that occur in cyberspace. Legal regulations related to information technology and digital technology to meet the metaverse era still need to be prepared and structured so that legal policies can respond to today's dynamic technological developments. The government needs adequate tools to ensure security in activities carried out by people in cyberspace, the government needs to prepare and develop laws related to activities carried out in the metaverse era. On the issue of protection personal data information only, the Indonesian government's legal regulations are still at the Draft Law stage, even though technology continues to develop, the government Undang-undang Nomor 11 Tahun 2008 Tentang Informasi dan Transaksi Elektronik4 it is still not enough to overshadow the problems that occur in cyberspace today, while the metaverse era has come before us with all the problems that will be present, not only problems with the protection of personal data information but other aspects related to security and legal guarantees that become the umbrella metaverse society law.
Based on the description above, the problem that needs to be discussed and studied is how is the Government's Readiness in Legal Regulations Facing the Metaverse Era?
METHODOLOGY
The research method used is normative research supported by empirical data with a qualitative approach paying attention to the symptoms that occur to the government's readiness to determine the right regulations to face the metaverse era. This study also uses primary data from binding data and secondary data obtained from reading sources as initial data information.
RESULT AND DISCUSSION
Government Readiness in Legal Regulation to face the Metaverse Era
Technological progress cannot be separated from the development of science, the metaverse era is a new world where humans face everything with the sophistication of virtual technology that is close to reality. Metaverse is virtual community world that is built to connect with each other. In this community, people can meet, work, play and even transact like in the real world with the help of Augmented Reality (AR) and Virtual Reality (VR) technology.
Transactions in this virtual community usually use crypto currency, so it is widely interpreted as the meaning of the crypto metaverse5.
With all the activities carried out in the metaverse world, there are many people who are interested in carrying out activities in the metaverse world, such as Statista once conducted a survey of 1,000 respondents to find out what activities they want to do in the Metaverse world.
And it turns out, around 52% of respondents said they wanted to go there to get experience working in a virtual workspace. A total of 48% of respondents wanted to enter Metaverse to watch live art and entertainment performances in a virtual space. Then 44% said they wanted to invest in cryptocurrencies and non-exchangeable tokens. Furthermore, 40% of respondents wanted to have a learning experience in the Metaverse virtual space, while 32% of respondents wanted to do online dating and socializing. Finally, 29 % of respondents want to play games, and another 18% want to watch adult entertainment on Metaverse6.
4 Undang-undang Nomor 11 Tahun 2008 Tentang Informasi dan Transaksi Elektronik
5 “Apa itu Crypto? Uang Digital untuk Alternatif Investasi”
https://www.qoala.app/id/blog/keuangan/investasi/apa-itu-crypto/
6 “Survei: Banyak Orang Ingin Masuk ke Metaverse untuk 'Ngantor' Virtua”
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Table 2. Activities People Want to Do in the Metaverse World (2021)
Source: Statista, 4 Februari 2021
From this data, it shows that the potential development of metaverse technology in Indonesia has a good response, this potential can be used as a business opportunity to increase financing and business activities so that it can open new jobs with activities in the metaverse world. However, all these activities are not only the benefits, the greater the influence of technology in human life, the higher the risks to be faced.
As technology advances, it causes the emergence of accompanying crimes that are included in cyber crimes or cyber crimes. Technological developments always have an impact both directly and indirectly, both in positive and negative terms and will greatly affect every attitude and mental attitude of every member of society7. Crimes caused by technological equipment are still called transnational legal violations that have legal implications in Indonesia8. Based on data from the National Cyber and Crypto Agency (BSSN) from January to August 2020, there were nearly 190 million attempts at cybercrime9.
Table 3. Data on the Number of Cyber Attacks January - August 2019/2020
Source: Pusat Operasi Keamanan Siber Nasional
7 Andi Hamzah. 1992 Aspek-Aspek Pidana Di Bidang Komputer. Jakarta, Sinar Grafika. Hal.10.
8 Jawade Hafid, (2014) “Kajian Yuridis dalam Antisipasi Kejahatan Cyber” Jurnal Pembaharuan Hukum, Volume I No.1 Januari –April 2014.
9 “Kejahatan Siber di Indonesia Naik 4 Kali Lipat Selama Pandem”
https://tekno.kompas.com/read/2020/10/12/07020007/kejahatan-siber-di-indonesia-naik-4-kali-lipat-selama-pandemi
109 OSC 2022 Theme 1: Cyber Security Challenges In Law Perspective ISBN: 978-602-392-329-8 e-ISBN: 978-602-392-330-4
The 4th Open Society Conference
The increase in cyber attacks shows that there is a need for government readiness in protecting a strong cyber defense, especially in the face of this era metaverse that can make humans dependent on technology. The government needs to be prepared to provide a clear legal umbrella for the community so that they feel protected for these activities in cyberspace.
The government needs to take policies on regulations that are in accordance with technological developments. But the law can also be a criminogenic factor if it is inconsistent with reality, separated from the values of society so that there is an attitude of distrust regarding the effectiveness of the legal system10. For this reason, the government needs serious attention to seek things that can be applied in carrying out and forming clear and definite regulations.
Legal regulations according to the Big Indonesian Dictionary are regulations. Regulation in Indonesia is defined as a formal source of law in the form of statutory regulations that have several elements, namely a written decision, formed by a state institution or authorized official, and binding on the general public11.
Indonesia already has legal regulations to anticipate the development of digital technology, namely the existence of Law Number 11 of 2008 concerning Information and Electronic Transactions. The government also has Peraturan Pemerintah Nomor 71 Tahun 2019 tentang Penyelenggaraan Sistem Transaksi Elektronik12. As well aseraturan Menteri Kominfo Nomor 5 Tahun 2020 tentang Penyelenggaraan Sistem Elektronik Lingkup Privat13.
Regulations owned by the government even though they already exist, need to follow the presence of modern law where there is a past history that involves a reciprocal relationship between law and society with modern developments such as what happened in the metavers era where later regulatory regulations were made on problems that had occurred in the past.
Modernity itself has the following characteristics:
1. Have a written form;
2. The law applies to the entire territory of the country;
3. Law is an instrument that is used consciously to realize the political decisions of the people14.
Laws with these characteristics have indeed become a necessity in making regulations or policies. With the existence of written law, it does not cause multiple interpretations in its application. The government is not only sufficient on existing regulations to protect its people, but also needs legal reforms and strategies to deal with the metaverse world. The need for security and control of personal data is a concern. Providing personal data information without sufficient knowledge can be a loophole if the government does not provide appropriate legal regulations to protect its people. This is also one of the things that the government must prepare to deal with technological advances. Regulations for the protection of personal data by the government are still at the Draft Law stage.
CONCLUSION
The government in facing the metaverse era has a positive aspect of technological progress, with human technological advances being faced with something that can provide a new experience and can help everything. Activities become faster and more efficient, and can
10 Barda Nawawi Arif. 1986. Penetapan Pidana Dalam Perundang-Undangan Dalam Rangka usaha Penanggulangan Kejahatan (Disertasi). Bandung: Universitas Padjadjaran.Hal. 4-5.
11 REGULASI DALAM PERATURAN PERUNDANG-UNDANGAN INDONESIA BESERTA ASAS-ASAS PEMBENTUKANNYA http://ebookregulasi.pa-tanjungpati.go.id/index.php/66-halaman-depan/1-regulasi
12 Peraturan Pemerintah Nomor 71 Tahun 2019 tentang Penyelenggaraan Sistem Transaksi Elektronik
13 Peraturan Menteri Kominfo Nomor 5 Tahun 2020 tentang Penyelenggaraan Sistem Elektronik Lingkup Privat
14 Satjipto Rahardjo. 1982. Ilmu Hukum. Bandung, PT Citra Aditya Bakti. hal 213-214.
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open up new jobs with the facilities provided so that many people want to carry out activities in the metaverse. However, the development of advanced technology can also have a negative impact on the activities carried out, from year to year the level of cyber attacks in Indonesia has increased as technology advances. For this reason, there is a need for government readiness to develop dynamic legal regulations and strategies that keep up with technological advances, so as to close the gaps that can be exploited by cybercriminals, it is necessary to immediately enact the Bill on the protection of personal data into law as a necessary step. right because it involves the protection of the personal information of cyber users.
REFERENCES
Ahmad M. Ramli. (2004). Cyberlaw dan HAKI dalam Sistem Hukum di Indonesia. Bandung, PT. Refika Aditama
Andi Hamzah. (1992). Aspek-Aspek Pidana Di Bidang Komputer. Jakarta, Sinar Grafika.
Satjipto Rahardjo. (1982). Ilmu Hukum. Bandung, PT Citra Aditya Bakti.
Barda Nawawi Arif. (1986). Penetapan Pidana Dalam Perundang-Undangan Dalam Rangka usaha Penanggulangan Kejahatan (Disertasi). Bandung: Universitas Padjadjaran.
Jawade Hafid. (2014). “Kajian Yuridis dalam Antisipasi Kejahatan Cyber”. Jurnal Pembaharuan Hukum, Volume I No.1 Januari –April 2014.
Undang-undang Nomor 11 Tahun 2008 Tentang Informasi dan Transaksi Elektronik
Peraturan Pemerintah Nomor 71 Tahun 2019 tentang Penyelenggaraan Sistem Transaksi Elektronik
Peraturan Menteri Kominfo Nomor 5 Tahun 2020 tentang Penyelenggaraan Sistem Elektronik Lingkup Privat
https://katadata.co.id/desysetyowati/digital/624c68b160f17/potensi-adopsi-metaverse-di-indonesia-tergantung-pengembangan-5g
https://databoks.katadata.co.id/datapublish/2021/09/07/pencurian-data-pribadi-makin-marak-kala-pandemi
https://www.qoala.app/id/blog/keuangan/investasi/apa-itu-crypto/
https://databoks.katadata.co.id/datapublish/2022/02/10/survei-banyak-orang-ingin-masuk-ke-metaverse-untuk-ngantor-virtual
https://tekno.kompas.com/read/2020/10/12/07020007/kejahatan-siber-di-indonesia-naik-4-kali-lipat-selama-pandemi
http://ebookregulasi.pa-tanjungpati.go.id/index.php/66-halaman-depan/1-regulasi.
111 OSC 2022 Theme 1: Cyber Security Challenges In Law Perspective ISBN: 978-602-392-329-8 e-ISBN: 978-602-392-330-4
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Yayasan Lembaga Konsumen Indonesia. (2020). Retrieved from www.ylki.or.id:
https://ylki.or.id/category/beritaliputan-media/.