Institutional Model of Domain Name Registration Related with Law Number 11 the Year 2008 concerning Information and Electronic Transactions to Realize Legal Certainty
INSTITUTION MODEL OF DOMAIN NAME REGISTRATION RELATED TO LAW NUMBER 11 OF 2008 CONCERNING INFORMATION AND ELECTRONIC TRANSACTIONS TO REALIZE LEGAL CERTIFICATION
PROMOTOR:
1. Prof .Dr. H. Ahmad M Ramli S.H., M.H., FCRArb (Director General of Intellectual Property Rights of the Ministry of Law and Human Rights of the Republic of Indonesia)
2. Dr. Hj. Sinta Dewi, SH., LL.M
3. Dr. Agus Kusnadi S.H., MH
ABSTRACT
A domain name is an identity of a personor business entity that can be used as an Internet address. With the commercialization of the Internet, the domain name becomes a business object. In Indonesia the establishment of domain name managements tems from different perceptions between the public and government on the management and regulation of the domain name.
The research methodis descriptive analysisto describe and analyze secondary data, supported by primary on wide range of issues related to domain names as well as the legal aspects related to the Domain Name registration agency model which is stipulated in Law No.11 of 2008 on Information and Electronic Transactions (UUITE). The study also uses the comparative method by comparing the institutions and regulatory agencies managing the domain name in several countries, with direct observation and literature study.
The data were examined through the theory of the State Law as grand theory, theory of cyber law as a middle-range theory and the theory of Professor Mochtar Kusumaatmadja development all a was applied theory. The study concludes: Firstly, the position of the management body in UU ITE domain name is set and described in the regulations under it, namely government regulation and ministerial regulation. Secondly, the government as regulator, supervisor of domain name registration arrangements guarantees the domain name registrarstoobtain legal certainty in the process of registration of the domain name. Thirdly, the right institution to manage the domain name is Domain Name Management (PANDI). To uphold law certainty, the government should be clearly delegated authority to manage the domain name to PANDI.
Key Words: Domain Name, Domain Name Management, Government, Registry, Registrant, Law Certainty
