By: Dr. Iman Sjahputra SH, SpN, LL.M

Internet has brought many benefits for the internet users in many forms, such as, e-mail, e-banking, e-learning, e-transaction up to search engine, which is so great, fast, cheap and practice. Therefore the internet users are increasing day by day. In year 1995 the internet user in the world was predicted reach 16 millions people. In year 1998 has reached 147 millions people and in year 2002 has increased greatly into 569 millions of people. And in year 2006 according to the data issued by Internet World Stats (usage and population statistics - http://www.internetworlds.com) up to October 2006 the internet users have reach 1 billion people. It is so fantastic!

From the above data, the internet use increase is very significant annually. The data also proves that internet has become the community’s need, either as the communication media or as a tool to conduct social transaction such as business transaction. It is not only the modern community countries such as U.S.A., Europe and Japan are in the race to take the benefits from the internet, but the developing countries such as China and India are also use their best efforts to absorb the benefits of the internet.

However, although the community aspect takes great benefits with the existence of internet, but it does not mean that the internet has no negative impact. Therefore, as an anticipation approach many countries are issuing regulations to minimize and solve the negative impacts of internet. As example, India has promulgated the Cyber Law from a long time ago whereas this Gangga River country has enacted the Technology and Information Law of 2000 (IT Act 2000) to welcome the internet present.

Cyber World Crime.

The negative impacts of internet has been anticipated and tried to be regulated by cyber crime regulation such as cyber fraud, cyber cheating, cyber pornography, hacking, virus spreading, youth vandalism website, has been inserted in IT Act 2000, aside from what is regulated in the Indian Penal Code.

For Cyber Fraud, for example, the IT Act 2000 does not regulate Fraud, however, the legal enforcer in India can use the articles on fraud in the Indian Penal Code 1860 and Indian Contract Act to interpret  and apply the definition on Fraud them selves. Therefore, the acts related to fraud cannot be freed from the criminal sanction. The consumer which is usually regarded as a king in the traditional market not applicable in internet. The phrase of “the customer is the king” is not applicable in the cyber world because it is not clearly known who are the buyer and seller in the internet transaction whereas the buyer and seller in the internet transaction are never met personally.

That is the reason there is a big possibility for the internet consumer to be victimized. As for Indonesia, we know that until today there is still no cyber law regulation. This weakness is often being misused. We do not need a bug budget to create a false website. We just need a set of computer, blogging skill and good design invite the consumers to hit it. For the false businessmen, an internet website is not bound to the binding regulations. As the consequence, it really harms the consumers in case of the fraud.

The effort to protect the consumers in the internet seems not really being tightened by the Government of Indonesia. It is not as the Government of Singapore where they already have an institution called Case Trust. This institution is the one who evaluated the products and services being offered in the internet. It means that any businessman who wishes to run their business in the internet shall obtain some kind of admission in the form of accreditation/certificate. A certificate on the product and service for the authentication of their business. The purpose is simply to protect the consumers because as generally known that the position of the businessman is stronger than the consumer.

It is so often that the consumers are harmed in the internet transaction without knowing to whom to report this case. Therefore, the existence of Case Trust in Singapore, that is started its operation from 1999 and sponsored by Association of Singapore Consumers (CASE), the Centre of Retail Promotion (RPC) and Commerce Net Singapore Limited (CNSG), is really helpful and protect the consumers. We may need to use Case Trust as a sample because internet transaction is getting widely spread in Indonesia.    

*) Writer is an advocate domiciled in Jakarta who handles many Trademark, Patent and Copyright cases.