| Summary: | This research studied about legal politic of criminal responsibility for internet
service provider aiming to describe theoretical framework as a base of internet
service provider to have criminal obligation, making explicit of the form of
criminal responsibility burden to internet service provider if involved in cyber
crime and finding the parameter and giving suggestion of ideal legal politic of
criminal responsibility in the future as a dreamt law ( ius constituendum) in cyber
world according to the requirement of technological advances and modern
information.
This research was a normative research supporter by data obtained in the field
using research approach of legal politic used to study ius constitutum and gave
thought toward ius constituendum about the criminal responsibility for internet
service provider.
The research result for the first problem showed that so far, the criminal
responsibility for internet service provider as cooperation is still promoting sharp
enough difference of idea among the experts, mainly in case of investigation,
searching, and confiscation. For the second problem, in Regulation Number 11
year 2008 about he Electronic Information and Transaction in relation with the
form of criminal responsibility if internet service provider is involved in cyber
crime is still not arranged clearly and firmly. Besides, the problem faced by the
investigators causing the internet service provider could not be obliged by
responsibility because in the investigation, searching, and confiscation has to have
license in its implementation from the chairman of local court or from the
Minister of information and communication. Answering the third problem,
Pancasila as the spirit used in legal politic in Indonesia has to be the ideology, the
source of value and orientation in determining the direction of legal politic
development in Indonesia. On the way of modern era, societal protection in cyber
world is still weak and far from the expected one, through the product of positive
law recently.
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