THE GLOBALIZATION EFFECT OF LAW AND ECONOMIC ON CYBERCRIME

The globalization of law and the economic has led to developing countries' regulations on investment, trade, services, information technology, and other economic fields approaching developed countries (converagence), as well as the regulation of cyber space activities that cannot be separated from relations with other countries. Norms of law between nations increasingly play an important role, especially how to regulate all forms of advancement in information technology, communication and transportation. This is inseparable from the foreign policy that has been woven between nations so far. The regulation of cyber crime in legislation is absolutely necessary. Related to the jurisdiction of this crime which is a global crime, it is necessary to have its own law governing cyber crime, namely cyber law, which also regulates its jurisdiction by including the principle that allows cyber criminals to harm the state even though it is outside the state territory.


A. INTRODUCTION
The progress of science and technology is developing so rapidly. All aspects of human life are inseparable and cannot even be separated from technological development. Especially entering the era of globalization, where various patterns of change are offered or sold by the world market and any nation, so that people who are in different parts of the hemisphere continue to reap the impact in accordance with the information and changes that are penetrated. Through the globalization of information that has truly entered homes, schools and religious institutions, people are dragged into accessing and enjoying various forms of information on the cultural revolution in other countries or nations on earth.
Globalization is usually considered always only related to the economy that involves global relations. But the truth is that globalization is not just about economic interdependence, but more about the problem of transformation of time and space in human life. Events that occur in distant places, whether related to the economy or not, affect the community directly and immediately, compared to previous times. This is inseparable from the services of the communication revolution and the spread of information technology. 1 Globalization in this case can be said to be a major shift from economic and political power which is mainly due to technological inventions. Barbara Parker gives the definition of globalization as follows: 2 There is a growing sense that events occuring throughout the world are converging rapidly to shape a single, integrated world where economic, social cultural, technological, business other influences cross traditional borders and boundaries such as nations, national cultures, time, space, and business industries with increasing ease.
There is an increase in the meaning that events around the world converge quickly to form a single and integrated world where economic, social, cultural, technological, business, and others influence traditional boundaries such as the state, national culture, time space and the business industry increases easily.
Globalization touches all the important aspects of life. Globalization creates various challenges and new problems that must be answered, solved in an effort to utilize globalization for the benefit of life. Globalization itself is a term that emerged around twenty years ago, and began to be so popular as a new ideology for the last five or ten years. As a term, globalization is so easily accepted or known by people all over the world. globalization as a process is marked by the rapid development of science and technology so that it is able to fundamentally change the world. 3 Globalization is widely understood as stretching social, political and economic activities across borders so that events, decisions and activities that take place in a place or region have an important meaning for society as a whole. 4 Globalization is a consequence that cannot be avoided by any country. Globalization makes a world without borders, countries compete freely in various fields, and sometimes beyond the jurisdiction of a country. Globalization of the world is seen as a result of the development of information technology, especially in the use of cyberspace (cyber space) as an electronic communication media to spread information throughout the world. The discovery of information technology has an impact on several aspects of a country, such as national sovereignty, for example in relation to removing barriers to trade with criminal cases in cyberspace.
One of the products of science and technology is information technology or commonly known as telecommunications technology. In its development, with the discovery of computers as products of science and technology. Then there was a convergence between This crime is transnational, so it requires proper regulation to fight this crime that crosses the jurisdiction of a country, because this crime brings enormous losses in various fields, namely political, economic, social, cultural, and defense and security. Jurisdiction is a state's authority to carry out regulations that are manifested in executive, judicial and legislative authority. A country has the authority to make arrangements for all individuals (ius in personam), objects (ius in rem), as well as events that fall within the scope of their legal authority. The jurisdiction is not only limited to the physical geographical or scope of the state, but can be applied to things / objects that are outside its territory.
In the current era of globalization, legal norms between nations increasingly play an important role, especially how to regulate all forms of advancement in information technology, communication and transportation. The three sides of progress eliminate all forms of distance, time and space. With all that, geographical constraints no longer apply. This is inseparable from the foreign policy that has been woven between nations so far. So, between law and politics can not be separated, especially in this era of globalization with all the sophistication offered.
Politics and law as social subsystems are in a position of equal determination between each other, because even though law is a product of political decisions, but once the law exists, all political activities must be subject to the rule of law.
In historical studies, if examined carefully from any existing legal concepts, it is always inseparable from the influence of political and economic conditions. Therefore in addition to political conditions, in making and implementing laws, in addition to conventional considerations such as justice, legal certainty, order, human rights, morality, also considering economic interests, as well as considering the extent of the consequences arising from the source of the problem.
Cyber crime as an impact of globalization that causes a lot of losses in various fields, the handling must be maximized, given the The advancement of technology and information which is marked by the emergence of the internet, and is the result of a technological revolution that collaborates synergistically with information and computer technology, in its development has led to rapid changes in the structure of society from agrarian to industrial, industrial to information, which in turn brings and creates patterns, models and new lifestyles in a new world, namely cyberspace (cyber).
The internet has been integrated with human activities ranging from small and simple activities to important and complex activities. This reality is a plus of technology. With internet technology services, many companies carry out several business activities such as online marketing, distance selling, and e-commerce.
Technology is an activity that is born by humans by In a state of law (rechtstaats and rule of law), power which is a reflection of politics manifested in every policy requires a legal / regulatory basis so that the validity of the (political) policy can be justified. In a global context, legal politics cannot merely protect national interests, but must also protect cross-national interests, as it relates to cyber crime that is cross-country in nature. The development of increasingly sophisticated technology must be accompanied by several impacts, both positive and negative impacts. 8 The This happens because the condition of the community itself is not ready to accept changes or it can be because the community values have changed in assessing the old condition as a condition that is no longer acceptable.
These legal issues are very closely related to the development of information technology regulation (cyber space) today. As it is known that in facing the era of information technology that is increasingly fast without being limited by time and territory of the country (timeless and borderless), law in Indonesia is The development of today's era of society is industrialization, and supported by the development of telecommunications technology, the relations between countries are of a worldwide nature which creates a new world order. All economic activities carried out without a strong legal basis will easily lead to various problems, which if calculated economically (profit and loss) will generate high costs.
The desire for a safe and clear international trade climate for the international community and to create sustainable trade liberalization in the fields of investment, labor, services to encourage increased economic growth and development worldwide, has begun since the establishment of the GATT through a series of negotiations that leading to the formation of the World Trade Organization (WTO).
Security and clarity (certainty) in transactions cannot be ignored in ensuring the continuity of transactions, especially in the current era of globalization, where trade transactions are no longer limited by differences in distance, national background, legal system, position, capital, education level, domicile, and so on.
Problems that arise if not immediately addressed will give birth to various conflicts that cause the purpose of the transaction to be unmet, both in terms of economic and good relations. Legislation / law as a part of supporting elements of economic development activities can make a significant contribution to the acceleration of economic development. Economic development requires a solid legal foundation, so that the existence of legislation has a positive influence.
Regulations in the field of information technology which are comprehensive in nature must contain all problems related to their utilization, such as legal, economic, institutional, dispute resolution, and so on. Therefore, in its implementation the parties tend to reduce tax expenditure wherever possible. In transactions with the internet it is possible to have multiple taxes, because the tax subject in his country has been taxed, while in other countries taxes are also imposed on the transactions that he does.
Likewise the need for clarity of any activities that can be subject to tax, the tax aspect also requires clarity of regulation of the information technology law, so that businesses in the field of information technology do not undermine their intention to invest in Indonesia due to unclear taxation arrangements.
Globalization facilitates human relations, including in to the economy of a nation and even in terms of the ratification of certain laws to overcome transnational problems. One of them is cooperation in dealing with cyber crime.
The influence of globalization on the advancement of information technology can, among others, be able to develop technology and information at an international level, be able to utilize technology to publicize the potential of the Indonesian state, and open access to information from the international world as a comparative study and as a collaboration with other countries. In addition, as mentioned earlier, information technology also has a negative side, namely the emergence of a new type of crime called cyber crime. Because cyber crime is cross country and causes huge losses, in handling this cyber crime international cooperation is needed in overcoming it as a form of Indonesian foreign policy so that the risk of political stability is maintained, which is then regulated in several international conventions or agreements.
Indonesia complies with these legal regulations and international treaties, ratifies international legal treaties on cyber crime, and respects international justice and cooperates with Interpol.
Cybercrime has been become a major portion for law enforcement agencies and intelligence services to both national and international nonpratisi exception practitioners of business, the merchant, the customer, to the end-user. In most cases, Internet crime begins by exploiting the hosts and computer networks therefore the swindlers and entruder coming across networks, especially networks based on TCP/IP protocol.
Advances in technology have brought about changes and rapid shifts in a life without limits. Utilization of these technologies have encouraged rapid business growth, due to a variety of information can be presented via a long distance relationship and those who want to enter into transactions do not have to meet face to face, but simply through a computer and telecommunications equipment. Developments in information