Denationalization of Indonesian national law (An implementation of eu cyber conventions sand accession)

Author: Jatna, Narendra; Agustina, Rossa; Harris, Freddy; Makarim, Edmon
Informations
JournalInternational Journal of Advanced Science and Technology
PublisherScience and Engineering Research Support Society, International Journal of Advanced Science and Technology 29 (3), 5026-5032, 2020
Volume & IssueVol. 29,Issue 3
Pages5026 - 5032
Publication Year2020
ISSN20054238
Source TypeScopus
Citations
Scopus: 1
Google Scholar: 1
PubMed: 1
Abstract
Indonesia is one of countries with the biggest number of social media users in the world. The use of electronic application has become a part of everyday life. It ranges from online shopping until using online motorcycle taxi. Although Indonesia has had a Law of Electronic Information and Transaction, evidently the electronic application users’ personal data has not been protected appropriately. A Cyber Convention which can be referred for Indonesia is European Union. Although it is an interesting choice, for some geographical reasons, naturally Indonesia can not join this convention, besides the dualism law tradition in international agreements rather complicates. An idea which can bridge this issue is denationalization of law. Denationalization approach can be used in applying European Union Cyber Convention without needs to do an accession, as well as denationalization which has been done by Indonesia upon Roma Statute. Indonesia does not ratify Rome Statute, even does not also become the signer party, but its national law, that is the Law of Human Rights Court has adopted Human Rights Court and acknowledged crimes against Humanity and Genocide into Indonesian Law. Indonesia has become the only country in the world which has Human Rights Court. Some learning from the application of some parts of Roma Statute with denationalization principle and without accession can be also used for the European Union Cyber Convention. This denationalization will make Indonesian National Law becomes more complete and more lively where it will create national law with international taste. © 2019 SERSC.
Documents & Links

© 2025 Universitas Indonesia. All rights reserved.