Bukti Elektronik Sebagai Alat Pembuktian Dalam Transaksi Elektronik

Dr. KN. Sofyan Hasan, S.H., M.Hum. Abstract: The development of information technology law has been driven by the convergence of telocommunication and informatics technology and one of them is to encourage the birth of an alternative for conducting business activities known as electronic trading (hereinafter referred to as e-commerce). In conducting transactions both conventional and through electronic media will cause rights and obligations for each party concerned, but not all parties do not commit defaults, if a default occurs then it must be equipped with electronic evidence, but if there is a default and has reached the stage of default the trial in court the role and authority of the judge who will determine the evidence is rejected or accepted. From the description, the problem that will be discussed is how the legal criteria that determine that electronic mail can be located as authentic evidence. The research method used is a normative research method, to produce arguments, theories, new concepts, interpretations as prescriptions in solving problems using deductive thinking logic. The results of this study indicate that the criteria are determined by the law whose proof is based on reliability and neccesite. The conclusion from the study is that electronic evidence can be accepted if it meets the criteria specified by the law.Kata Kunci: Electronic Transaction, Electronic Evidence, Proof

Knowledge Representation Concepts for Automated SLA Management

Outsourcing of complex IT infrastructure to IT service providers has increased substantially during the past years. IT service providers must be able to fulfil their service-quality commitments based upon predefined Service Level Agreements (SLAs) with the service customer. They need to manage, execute and maintain thousands of SLAs for different customers and different types of services, which needs new levels of flexibility and automation not available with the current technology. The complexity of contractual logic in SLAs requires new forms of knowledge representation to automatically draw inferences and execute contractual agreements. A logic-based approach provides several advantages including automated rule chaining allowing for compact knowledge representation as well as flexibility to adapt to rapidly changing business requirements. We suggest adequate logical formalisms for representation and enforcement of SLA rules and describe a proof-of-concept implementation. The article describes selected formalisms of the ContractLog KR and their adequacy for automated SLA management and presents results of experiments to demonstrate flexibility and scalability of the approach.Comment: Paschke, A. and Bichler, M.: Knowledge Representation Concepts for Automated SLA Management, Int. Journal of Decision Support Systems (DSS), submitted 19th March 200

Privacy in an Ambient World

Privacy is a prime concern in today's information society. To protect\ud the privacy of individuals, enterprises must follow certain privacy practices, while\ud collecting or processing personal data. In this chapter we look at the setting where an\ud enterprise collects private data on its website, processes it inside the enterprise and\ud shares it with partner enterprises. In particular, we analyse three different privacy\ud systems that can be used in the different stages of this lifecycle. One of them is the\ud Audit Logic, recently introduced, which can be used to keep data private when it\ud travels across enterprise boundaries. We conclude with an analysis of the features\ud and shortcomings of these systems

The Intuitive Appeal of Explainable Machines

Algorithmic decision-making has become synonymous with inexplicable decision-making, but what makes algorithms so difficult to explain? This Article examines what sets machine learning apart from other ways of developing rules for decision-making and the problem these properties pose for explanation. We show that machine learning models can be both inscrutable and nonintuitive and that these are related, but distinct, properties. Calls for explanation have treated these problems as one and the same, but disentangling the two reveals that they demand very different responses. Dealing with inscrutability requires providing a sensible description of the rules; addressing nonintuitiveness requires providing a satisfying explanation for why the rules are what they are. Existing laws like the Fair Credit Reporting Act (FCRA), the Equal Credit Opportunity Act (ECOA), and the General Data Protection Regulation (GDPR), as well as techniques within machine learning, are focused almost entirely on the problem of inscrutability. While such techniques could allow a machine learning system to comply with existing law, doing so may not help if the goal is to assess whether the basis for decision-making is normatively defensible. In most cases, intuition serves as the unacknowledged bridge between a descriptive account and a normative evaluation. But because machine learning is often valued for its ability to uncover statistical relationships that defy intuition, relying on intuition is not a satisfying approach. This Article thus argues for other mechanisms for normative evaluation. To know why the rules are what they are, one must seek explanations of the process behind a model’s development, not just explanations of the model itself

Putting the burden of proof in its place: When are differential allocations legitimate?

It is widely assumed that legitimate differential allocations of the burden of proof are ubiquitous: that in all cases in which opposing views are being debated, one side has the responsibility of proving their claim and if they fail, the opposing view wins by default. We argue that the cases in which one party has the burden of proof are exceptions. In general, participants in reasoned discourse are all required to provide reasons for the claims they make. We distinguish between truth-directed and non-truth-directed discourse, argue that the paradigm contexts in which there are legitimate differential allocations of the burden of proof (law and formal debate) are non-truth-directed, and suggest that in truth-directed contexts, except in certain special cases, differential allocation of the burden of proof is not warranted

The economic logic of a fresh start

A debtor’s right to have his or her debts dismissed or discharged via a bankruptcy proceeding is referred to as the law’s “fresh start” provision. Fresh start has been — and continues to be — a controversial feature of the U.S. bankruptcy law. Lately, the law has come under scrutiny because of the dramatic rise in personal bankruptcy filings over the past 25 years. In “The Economic Logic of a Fresh Start,” Satyajit Chatterjee explains the economic logic underlying the fresh start concept. He also argues that this logic can explain why opposition to a discharge policy has waxed and waned over time. ; Also issued as Payment Cards Center Discussion Paper No. 08-04Bankruptcy

Evaluation Capacity Building: Funder Initiatives to Strengthen Grantee Evaluation Capacity and Practice

Innovation Network has a wealth of experience as an evaluation capacity builder. One way we often provide ECB services is to a group of grantees. Over the years we have provided funder-sponsored ECB services to a number of grantee cohorts. The following three case studies share our experiences with funder initiatives to strengthen grantee evaluation capacity and practice. Each case study includes a description of the overall grantmaking initiative, followed by a discussion of the ECB services requested by grantees and/or provided by Innovation Network. The paper concludes with a reflection on lessons learned and recommendations for funders considering ECB for their grantee

Temporal Aspects of Smart Contracts for Financial Derivatives

Implementing smart contracts to automate the performance of high-value over-the-counter (OTC) financial derivatives is a formidable challenge. Due to the regulatory framework and the scale of financial risk if a contract were to go wrong, the performance of these contracts must be enforceable in law and there is an absolute requirement that the smart contract will be faithful to the intentions of the parties as expressed in the original legal documentation. Formal methods provide an attractive route for validation and assurance, and here we present early results from an investigation of the semantics of industry-standard legal documentation for OTC derivatives. We explain the need for a formal representation that combines temporal, deontic and operational aspects, and focus on the requirements for the temporal aspects as derived from the legal text. The relevance of this work extends beyond OTC derivatives and is applicable to understanding the temporal semantics of a wide range of legal documentation

Paralysis over Palestine: Questions of Strategy

This essay by a prominent Israeli activist grows out of concern that advocacy efforts in support of the Palestinian cause have remained stuck at the protest-informational stage of combating disparate manifestations of the occupation. What is needed, the author argues, is a strategy to mobilize the vast range of civil society groups -- Palestinian, Israeli, and international -- to forge an effective lobbying and advocacy force that can lend the Palestinian leadership public support and a measure of parity with Israel. Intended as a starting point for debate, the essay explores the possibilities of a "middle range" strategy that would articulate the essential "red line" elements crucial to any just and sustainable settlement, provide a coordinated strategy of advocacy, and explore a range of "endgames," including a regional approach to resolving the conflict if the "two-state solution" is found to be impossible because of irreversible "facts on the ground.