[Petikan UU-ITE] Cybersquatting, HAKI dan Perlindungan Data Pribadi

Sonny Zulhuda: UU ITE does cover more than what its name implies. This e-commerce law (note the name ‘e-Transaction’ ) does not only cover contractual issues, but also others such as evidentiary aspects, content regulation, cyber-squatting, IP and personal data protection, and also range of cybercrimes, although some aspects are dealt with in more details than others. This is one reason why this Indonesia’s first cyberlaw is distinct from other e-transaction laws in major countries and that in the UNCITRAL model law. In this respect, India is notably having similar approach.

In the following excerpt, one can find that the law provides some ruling on the cybersquatting, domain names management, protection of Intellectual Property Rights (IPR), and the personal data protection. The last two issues are touched in very minimum provisions, likely due to different reasons. While it is quite clear that regulations on IPR is minimum due to the existence of specific existing laws, it is not yet clear as to the Parliament’s intention in prescribing very minimum provisions on personal data protection. One may argue that the law on data protection should be specifically drafted on its own in near future.

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