by Novizal Kristianto

A draft Electronic Information and Transaction Law (the Draft) remains under discussion in the Indonesian House of Representatives. The Draft has been compiled from drafts prepared by the Indonesia University and the Padjadjaran University, Bandung.

The Draft is not intended to be the 'only' cyberlaw for all cyber and computer issues. For example, there is also an academic draft concerning criminal action in Information Technology being developed.

The Draft provides that the electronic information and its print out shall be considered as legitimate evidence in court. Further, the law will legalise the utilisation of digital signatures and will define the legal usage of electronic systems.

Another issue raised in the draft is that an electronic contract will bind the parties who madethe contract. Further, the Draft sets out that an electronic transaction is deemed as a contract based on agreement between parties.

One other important issue in the Draft is the use of information technology. The provisions regarding this issue limit several actions on accessing an electronic system or using information technology in an electronic transaction.

The Draft also covers the procedure for settling a dispute through the Commercial Court, District Court, arbitration or mediation.

Interestingly, the Draft also gives juridiction to the Indonesian Court to sanction cyber criminals when the crime committed results in damages suffered in Indonesia.

The criminal sanctions in the Draft focus on the breach of provisions concerning the use of information technology by the parties, infringement/improper procuring of domain names and the utilisation of private data (data privacy).

The content and format of the Draft still lacks sufficient detail. Further development is required for the Draft to be useful and easily understood by the public and law enforcement.