Electronic Information and Transaction Law, a m eans of information control in libraries
Universitas Islam Negeri Sunan Kalijaga Yogyakarta
Abstrak
Kementerian Komunikasi dan Informatika Republik Indonesia melaporkan adanya peningkatan berita hoaks sebagai akibat ledakan informasi di masyarakat. Perpustakaan sebagai institusi pengelola informasi memerlukan alat kendali informasi agar informasi yang dilayankan memenuhi prinsip legal dan beretika. Permasalahan kerap terjadi di perpustakaan, di antaranya pelanggaran hak cipta dan ditemukannya konten dewasa pada koleksi anak. Pengelolaan koleksi telah diatur dalam Undang-Undang tentang Perpustakaan, tetapi tidak secara eksplisit tertulis mengenai koleksi yang boleh dan dilarang. Untuk itu, penelitian ini bertujuan mengetahui Undang-Undang Informasi dan Transaksi elektronik sebagai alat kendali informasi di perpustakaan. Penelitian ini menggunakan metode analisis isi. Data didapatkan dengan teknik pencatatan cepat dan member checks, serta dianalisis menggunakan model Miles dan Huberman. Validasi penelitian melalui uji kredibilitas dengan teknik triangulasi, transferabilitas, depenabilitas, dan konfirmabilitas. Menurut Undang-Undang, Informasi yang legal dan beretika adalah informasi yang tidak melanggar Hak Kekayaan Intelektual dan norma kesusilaan serta melindungi hak pribadi. Konten informasi juga tidak mengandung perjudian, penghinaan, pencemaran nama baik, pemerasan, kekerasan, atau ancaman. Informasi juga bukan berita bohong, menyesatkan, dan penuh kebencian. Informasi harus relevan, bukan berasal dari penyadapan, dan bebas dari konten yang dilarang negara. Berdasarkan temuan tersebut, perpustakaan dapat menerapkan Undang-Undang Nomor 19 Tahun 2016 tentang Informasi dan Transaksi Elektronik sebagai alat kendali informasi. Hal ini sesuai tujuan perpustakaan untuk menyediakan layanan informasi yang legal dan etis.
Abstract
The Ministry of Communication and Information of the Republic of Indonesia reported increased hoax news in society. Libraries as information management institutions require information control tools so that the information served complies with legal and ethical principles. Various problems often occur in libraries, such as copyright infringement and the discovery of adult content in children’s collections. The Law on libraries regulates collection management but does not explicitly stipulate what collections are permitted and prohibited. This study aims to find out Electronic Information and Transaction Law, a means of information control in libraries. This research used the content analysis method. It used quick note techniques and member checks to obtain data. Data analysis used the Miles and Huberman model. Data validation was performed through credibility testing using triangulation, transferability, dependability, and confirmability. According to the Law, legal and ethical information do not violate Intellectual Property Rights and moral norms and protect personal rights. Information also does not contain gambling, insults, defamation, extortion, violence, or threats. Information was also not fake, misleading, or hateful news. The information must be relevant, not derived from wiretapping, and free from content prohibited by the State. Based on these findings, libraries can adopt Law Number 19 of 2016 concerning Electronic Information and Transactions as a tool for information constraints because it follows the goals of libraries to provide legal and ethical information services.
Keywords:
Undang-Undang ITE
· Alat kendali informasi
· Koleksi perpustakaan
· Sensor
Introduction
In the 4.0 era, internet technology is developing with high access speed, and everyone can access it. In this era, industries that rely on cloud storage also began to emerge. Enterprises are also starting to rely on Big Data in their activities. All internet-based activities are known as the Internet of Things (IoT). IoT triggered the birth of the digital economy and the beginning of the 4.0 revolution with accompanying characteristics: disruption, volatility, uncertainty, and ambiguity (Coetzee, Ferreira, & Potgieter, 2019). The era of disruption is a feature of the 4.0 revolution. In this era, many invisible innovations emerged. Many institutions, agencies, companies, or institutions need to be made aware of the emergence of these innovations. In contrast, these innovations affect the long-standing system settings of the organization, company, or institution and destroy the strategies that have long been used or implemented in those places. The rapid development of IoT also affects individuals and organizations as a whole. This condition creates security uncertainty (volatility) and the community’s economy. From a security perspective, security on IoT devices is a big challenge for organizations to secure their data. Before developing IoT, an organization needs to thoroughly discuss the system's security after implementing IoT (Andriani, Noor, Salim, & Hanafi, 2019). Uncertainty in the security sector will also cause pressure in the economic field and information asymmetry. In addition, the security system also affects the external environment of the organization. This condition impacts changes in the budget and the ability of every citizen to carry out their economic activities, thus potentially obstructing a country’s economy (Asak, Yasa, & Astika, 2016). In addition, economic uncertainty also impacts global monetary policies, which affect fiscal policy (Prasetyo, 2020). This uncertainty allows people to interpret or judge differently, including analyzing information. This condition triggers the emergence of ambiguity. Ambiguity presents the meaning of a language in multiple interpretations (Yusmawati & Permana, 2018). The characteristics of ambiguity are equivocal and taxa. These characteristics trigger new problems related to disseminating information, such as hoaxes, fake news), humbug, plagiarism, phonies, and post-facts (statements that appear to be confirmed). High-quality information is mixed with ‘junk information’ in this era of ambiguity. This condition reduces the quality of information because, in the process of searching for information, users must select and sort information strictly to avoid junk information (Halim, 2017). In fact, in this era, world economic activity requires high-quality information at the right time and is free from ‘junk’ information as the main spearhead in its activities (Blazquez & Domenech, 2018). The internet’s rapid development has also influenced society's information culture in the public space. This cultural change makes it difficult for people to distinguish between factual information and rubbish information. This condition is a crucial reason for the government, through institutions that provide information services to the public, such as libraries, to immediately build essential competencies for the community to encounter the explosion and flood of information (Adiprasetio, Gumilar, Hartoyo, & Maharani, 2017). To build community competence to educate the nation, the Government of the Republic of Indonesia 2007 issued Law Number 43 concerning Libraries (Rupadha, 2013). In this Law, the government creates the library as a vehicle, facility, place, and means of lifelong learning for the Indonesian people to develop their potential. Libraries also have roles, main tasks, and functions to support implementing formal and informal national education, starting from Early Childhood Education, primary education, secondary education, and higher education. The development of libraries is one of the efforts of the government of the Republic of Indonesia to promote and preserve national culture. In education and research, the library aims to provide quality reading materials for the community to increase people's intelligence. For this reason, the library offers services through activities that foster interest and sustainably preserve a culture of fondness for reading in society. One of the library's efforts is to make the library a source of information in print and electronic form. As an institution tasked with providing information services to the community, the library must provide quality information according to the community’s needs—this information using a repository as a storage device. Developing institutional repositories to manage library data and information can improve library services. In addition, repository development can also build an organizational culture in integrated data management (Trianggoro, Tupan, Djaenudin, Widuri, & Rahayu, 2021). This integrated data management will create a transparent, effective, efficient, and efficient work culture to increase organizations’ work productivity, including libraries. The development of institutional repositories in libraries can also assist libraries in providing quality sources of information for the public so that the public can avoid information hoaxes, humbugs, plagiarism, phonies, post-facts, and fake news through the internet as media distribution. Libraries can contribute to preventing the spread of this rubbish news through activities to increase information literacy skills. This activity is one of the library services for the community (Rachmawati & Agustine, 2021). In addition, the library’s role in the information literacy program positively impacts character building, increasing knowledge, and developing talent interests, especially communication, and writing. For this reason, the librarian’s role as an initiator in the literacy activity program by providing quality collections for the community will determine the program's success (Fadhli, 2021). In the community’s economic sector, the information literacy program is a strategy for developing small, micro, and medium enterprises, commonly abbreviated as UMKM. As a business development strategy, information literacy helps solve business-related problems by making information the basis for decision-making. Information literacy in UMKM also plays a role as a skill for business actors in accessing and developing knowledge. These skills help improve the quality of human resources. Creating the quality of human resources through information literacy activities is very important, considering that human resources are an internal obstacle for UMKM in growing their business apart from capital and infrastructure constraints. Human resource constraints on UMKM business actors are related to their ability to access information, select and sort data, and understand data. UMKM can make efforts to increase the capacity of human resources so that UMKM business actors can see opportunities to develop their businesses (Shobaruddin, 2020). Libraries encounter various constraints in providing information services to the public. Conditions often occur in information services in conflict with other laws regulating information distribution. There are several law violations regarding using and dissemination of information in libraries. Law violations that often occur in libraries are enforcing copyrights and intellectual rights. In providing information materials to the public, libraries often duplicate the information for user needs. The illegal copying and copyright infringement act shows that law enforcement against Copyright and intellectual works in libraries needs to be running better. As an institution under the government that provides information services to the public, libraries are also in a dilemma (Sitorus, 2015). Libraries still need guidelines to reference whether these activities are in the correct legal corridor based on applicable Law in Indonesia. The library has made various efforts to minimize the occurrence of copyright infringement, including implementing an on-site collection access service for audio-visual collections and deposits (Nurdin & Yuniwati, 2014; Prakoso, 2019). Another example of copyright infringement and intellectual work in libraries is book publishing. This case occurred in a book published by the government entitled “The Bakhil.” This book is a government publication by Noer St. Iskandar and published by Balai Pustaka. Based on its history, the book is the work of Moliere, with the original title being L'Avare. The library distributes this collection widely to the public as a collection of government publications. The book “Si Bakhil” is an example of copyright infringement on books that often occurs in libraries (Sitorus, 2015). Collection censorship is also an urgent matter that must concern libraries. This concern considers various issues related to the distribution of collections as a source of library information and knowledge for users. One such case is the circulation of books with adult content that occurred in 2017 in children’s book collections. This phenomenon is troubling various parties and requires real action from the library to select collections before distributing them to users (Fatmawati, 2018). Besides copyright infringement and censorship, the movement for freedom of expression against banning book circulation is also a dilemma for libraries. The movement opposes the policy of abolishing bans and banning books on the pretext of being a strategy to develop the world of books in Indonesia through books. These books are also in the collections of various libraries in Indonesia. If we look at the substance, it is against government policy. These cases become fundamental considerations for libraries to have standard guidelines for collection censorship policies to control legal and ethical documents (Rianti & Dewakanya, 2018). The absence of collection censorship policy guidelines means that library censorship activities have no binding legal basis. The library’s strategy in expanding and marketing its services is also one of the considerations for libraries to have document and information control tools. One of the library’s strategies is developing digital libraries and promoting their services through various social media platforms. Based on multiple scientific perspectives, the development of digital libraries is also necessary for libraries to make it easier for people to access the information they need. In addition, the development of digital libraries has also made it easier for libraries to reach all levels of society (Nafisah, 2022). One of the activities in digital library development is repackaging information in a digital format. Information repackaging is the library’s flagship program to adjust to information user behavior dominated by the digital native generation. Information dissemination in digital form through social media and library networks has also changed the role of librarians as social librarians. This format change also strengthens the library's role as a center of knowledge (Nashihuddin, 2021). The constraint in repackaging information activity is that libraries still need a Standard Operating Procedure and document control arrangements as a reference (Dila & Nafisah, 2019). Expanding access to library services through digital-based services builds practices that significantly change communication patterns between libraries and users using communication tools such as email and chat on WhatsApp (Irawati, 2020). In sharing information, social networks make it easier for librarians to distribute their collections through these media, such as WhatsApp. The activity of disseminating information through this media is an effort to increase the competence of each individual in society so that they can become better human resources (Adiprabowo, Yusup, & Anwar, 2019). Regarding the choice of information sources for users to meet their information needs, currently, Google is the primary choice for information users. Google's ability to display the information users need makes this information search engine a mainstay of information users to find the information they need. Many users need to be made aware of other sources of information besides Google (Heriyanto, 2020). These conditions indicate that the library has yet to function as the primary source of information for the community to meet its information needs. To provide quality information services and comply with legal and ethical principles, libraries can develop standard document and information control guidelines. The guidelines apply regulations governing information and procedures for its dissemination, especially electronic information. Furthermore, these guidelines become a tool to control information in the library. Libraries can stipulate these guidelines in laws and regulations that have legal force and are universally binding on all libraries in Indonesia. In 2008, the government issued Law No. 11, which regulates electronic information and its distribution procedures. The government updated the Law in 2016 with Law No. 19. The birth of the two regulations provides a guarantee of legal certainty for the public by the State in activities related to information. The number of problems related to the provision of collections by the library causes the libraries to have legal guidelines. For this reason, it is necessary to review the laws and regulations to control the information that will be disseminated to the public by the library. Law Number 19 of 2016 is a statutory regulation that libraries can adopt to regulate the collections presented and served to users. The results of this study contribute to the library in the format of the standard guidelines for selecting and selecting library materials because the results provide quality, legal, and ethical information maps. These standard guidelines can become information control tool that has a permanent legal force. This research purpose is to examine Law No. 16 of 2019 as a controlling information tool in libraries. Table 1 primary data source No Regulations of the Republic of Indonesia Year 1 Law Number 19 2016 Source: Republik Indonesia, 2014 Table 2 Research secondary data sources No. Secondary data sources Year 1 MPRS Decree Number XX/MPRS/1966 1966 2 Government Regulation Number 70 1991 3 Law Number 4 1990 4 Government Regulation Number 23 1999 5 Law Number 43 2007 6 Law Number 11 2008 7 Law Number 14 2008 8 National Library Collection Development Policy 2012 9 Regulation of the Head of the National Library Number 14 2012 10 Government Regulation Number 24 2014 11 Law Number 28 2014 12 Regulation of the Head of the National Library Number 3 2016 13 Law Number 13 2018 14 Law of the National Library of the Republic of Indonesia Number 2 2019 Source: Laksana & Suratman, 2014; Romualdi & Zulkarnain, 2023; Siddiq, 2017; Sujamawardi, 2018
Method
This research used content analysis research methods to obtain the meaning contained in the law objectively and systematically. The reasons for using this approach were: the data source was statutory documents and required empirical data from various studies. This study aimed to map information that met legal and ethical principles based on law number 19 of 2016. This study aimed to examine the material contained in Law Number 19 of 2016. This study determined libraries’ potential to adopt this Law as an information control tool. The results of this mapping penetrated the library law to control documents served to users. This study used primary and secondary data sources. Primary sources shown in table 1 and secondary sources in table 2. Table 1 primary data source No Regulations of the Republic of Indonesia Year 1 Law Number 19 2016 Source: Republik Indonesia, 2014 Table 2 Research secondary data sources No. Secondary data sources Year 1 MPRS Decree Number XX/MPRS/1966 1966 2 Government Regulation Number 70 1991 3 Law Number 4 1990 4 Government Regulation Number 23 1999 5 Law Number 43 2007 6 Law Number 11 2008 7 Law Number 14 2008 8 National Library Collection Development Policy 2012 9 Regulation of the Head of the National Library Number 14 2012 10 Government Regulation Number 24 2014 11 Law Number 28 2014 12 Regulation of the Head of the National Library Number 3 2016 13 Law Number 13 2018 14 Law of the National Library of the Republic of Indonesia Number 2 2019 Source: Laksana & Suratman, 2014; Romualdi & Zulkarnain, 2023; Siddiq, 2017; Sujamawardi, 2018 The data collecting techniques in this study used recording quotations and a checklist method. The findings of the data in this study were in the form of member checks and data in this literature study using keywords, subjects, and citations in data sources. After doing a keyword search, the next search was to use terms or phrases in the source document. This study also investigated primary and secondary data sources to obtain data in footnotes, endnotes, and citations. Analysis at this data collection stage produced raw data that contained the essence or core focus in formulating the research problem. The second stage of research was to determine whether the raw data was relevant to be applied to regulations governing library collections and information sources. After collecting raw data, this study analyzed data using model Miles, Huberman, and Saldana (2018), which consisted of 3 activities: data condensation, presentation, and conclusion. In data condensation, this study selected the contents of laws and regulations to determine the essential dimensions in the articles regulating electronic information dissemination. After being selected, this study focused on the data in the pre-analysis according to the problem formulation. The next stage in this study was to summarize the data findings in the abstraction and make a brief description based on the points found in the abstract—narratively presenting the data in this study. The narrative in the research was a complete description which was a conclusion after verifying the data using data validation testing techniques. This study conducted credibility, transferability, dependability, and confirmability tests to validate field-finding data. These tests ensured that field findings were accurate, consistent, and reliable data internally and externally. The validation test in this study used a triangulation technique. Besides analyzing primary data sources, this study also analyzed information about the role of libraries derived from laws and regulations on libraries and supporting sources such as the Declaration of Principles document, action plan, and relevant journals. This study also analyzed collection development policy documents issued by the National Library. Furthermore, the triangulation technique in this research compared field findings from various sources of laws and regulations, both from primary and secondary sources. Furthermore, this study also explored the laws and regulations to control information by studying the laws and regulations governing information and electronic transactions, intellectual property rights, and laws disseminating information to the public. Then, an analysis was conducted to determine the rules that the library could adopt as an information control tool. This research also compared the findings using member checks with summary notes and analyzed them repeatedly at different times. If the data showed consistent results, then the data became a verified field data finding.
Result & Discussion
Libraries are institutions that store the results of ideas, thoughts, experiences, and human knowledge, as described in the Explanation section of Law Number 43 of 2007. Library development aims to make it a place, a medium, and a learning tool for the community to develop its potential. For this reason, libraries should play an active role in various activities that can foster a culture of fondness for reading in society. Libraries’ function creates the library as a center for sources of information, science, technology, art, and culture for the community. Law No. 43 of 2007 is legislation that regulates libraries' operations. The regulation emphasizes that libraries support activities to implement the national education process. Law Number 20 of 2003 concerning the National Education System also strengthens the arrangement of libraries' main tasks and functions in implementing national education. On a global scale, the world information society, through the World Summit of Information Society (WSIS) on 10-12 December 2003 in Geneva, Switzerland, has agreed on a declaration of principles and a plan of action (Goggin, 2015). This document contains the agreement of the world community to build an inclusive information system centered on humans as the leading actor. Information orientation is for the development of society—the declaration also emphasizes the importance of Information and Communication Technology (ICT) or telematics (Djulaeka & Jusmadi, 2013). The signing of the agreement by Indonesian representatives at this forum places the Indonesian nation as an integral part of the world information society. In the WSIS declaration, everyone has the right to create, use, access, disseminate, distribute, and share information. In this context, as stated in the consideration chapter for issuing the Library Law Number 43 of 2007, point (a) declares that the development of community potential carried out by libraries must align with national development goals. Based on these national goals, as part of the world community, the Indonesian people have the right to create, use, access, disseminate, distribute, and share information to develop their potential. For this reason, the library, as an institution that functions as a place, media, facilities, and tools for the community to obtain information for education, research, recreation, and cultural preservation, is responsible for the quality of the information and knowledge presented. Libraries must also play an active role in realizing Indonesian society as part of the world information society. This role is through information service activities by the library to the public so that people like to read to expand their horizons and knowledge. One of the library’s efforts to provide information accessibility is to develop a digital library (Hartono, 2017). The development of digital libraries allows libraries to collect large amounts of information in digital format. This information can originate from institutional repositories or credible external sources from various existing databases. The use of information from external sources by libraries requires storage media in the form of big data. The development of big data-based libraries is the direction of library development in the future so that libraries can fulfill the community’s information needs (Gani, 2019). The focus of big data-based library development is because information technology in libraries allows libraries to store information sources in larger quantities from various credible information sources to fulfill the information needs of users (Hutasoit, 2014). Libraries can utilize cloud computing storage technology to store this large amounts of information (Wulansari, 2015). Cloud computing offers convenience for libraries to manage their business activities. Cloud computing allows users to access digital library data or applications anywhere and anytime. Cloud computing will enable libraries to provide information services quickly. In realizing excellent service to the community, the spearhead of library activities is service activities—article 3 of Law Number 43 of 2007 states that the main task of a library is to provide information services to the public. In this context, services in the library are library efforts to serve users’ information needs. In Law Number 24 of 2014, Article 25, Paragraphs 1 and 2 states the types of services libraries provide users. As regulated in these laws, user services include collections belonging to the library and other legal, credible, and valuable sources. Library collections as a source of information served to users can be in the form of printed collections or non-printed collections. This collection in various forms of media has educational value. The library collects, manages, and organizes this collection to suit users’ information needs. For this reason, libraries need guidelines for selecting and distributing collections for the public following applicable laws and regulations. In providing services to the community, libraries experience several limitations. This limitation is guided by Chapter IV of the Library Law, particularly Article 12, paragraphs 3 and 4, which stipulates the prohibition of specific collections from being exhibited widely to the public. The prohibition in this Law refers to other laws and regulations governing its distribution. The National Library stores and treats this collection as a special collection. A special collection is a collection whose distribution is regulated by other laws and regulations because it relates to general issues. The form can be in the form of bulletins, magazines, daily newspapers, or periodicals. In the Government Regulation of the Republic of Indonesia Number 24 of 2014 concerning procedures for storing and using Special Collections, Article 53, paragraphs 1 and 2 state that special collections are placed in specific rooms considering the safety factor. This special collection is also limited to research and educational activities. Based on this Law, it is clear that libraries must have a foundation in controlling information so that information services to their users contain legal and ethical educational values. The problem occurred when libraries developed technology-based innovations as service tools; how could libraries present their collections to the public legally and ethically? This problem arose because the library still needed standard guidelines for selecting and distributing collections in electronic format. Current laws and regulations regulate more collections in physical form. Concerning electronic information and transactions (ITE), the Indonesian government has ratified Law Number 11 of 2008 and revised it through the ratification of Law No. 19 of 2016. According to the ITE Law, electronic information is one or a collection of electronic data in the format of writing, sound, images, maps, designs, photos, Electronic Data Exchange (EDI), electronic mail, telegram, telex, telecopy or like, letters, signs, numbers, processed access codes, symbols or perforations. These formats have meaning. In contrast, electronic transactions use computers, computer networks, or other electronic media. This Law applies and binds all institutions and individuals in society within and outside the jurisdiction of Indonesia. In the context of libraries, information and electronic transactions are aligned with digital information and its services through digital libraries. One of the considerations for establishing the ITE Law is that the government needs to support the development of information technology through infrastructure and legal regulations so that the use of information technology safely. This security measure is to prevent abuse of information by considering aspects of religion, social culture, and the values of the Indonesian nation. In general, the presence of the ITE Law has several benefits if properly implemented. As a law regulating information and electronic transactions in Indonesia, the ITE Law guarantees legal certainty for people who distribute information and electronic transactions. This guarantee can encourage political, economic, and socio-cultural growth in Indonesia. This Law is also one of the efforts to prevent and protect all Indonesian people from crime and abuse of information. Applying the ITE Law in libraries can guarantee legal protection and security for all information and electronic services and their supporting devices distributed through digital libraries. Libraries can also maximize their services to play an active role in growing the potential and culture of the digital reading community. Libraries can use internet traffic in Indonesia to repackage educational and other helpful content. This condition can maximize the potential of the creative community to compete with other countries. The ITE Law also avoids multiple interpretations of provisions prohibiting distribution, understanding, and access to information. The ratification of the ITE Law is the first cyber Law in Indonesia that guarantees legal protection for information and electronic transactions, including in libraries. The ITE Law also strengthens the government’s protection of libraries from all kinds of disturbances due to the security of information and electronic transactions. In this Law, the government prevents the dissemination of Electronic Information containing prohibited content, terminates access, or instructs Electronic System Operators to terminate access to Electronic Information that has content that violates the Law. Suppose the information in the library has the potential conflict with other regulations governing information; the library can use this Law as a legal basis to stop or refuse to distribute the information. The critical points regulated in the laws and regulations governing the control of information, including information in the library, are described in table 3. In 2014 the Indonesian government issued Law Number 28 concerning Copyright. This Law guarantees legal protection and certainty for the public regarding their intellectual property. In the Law, the government grants rights exclusively attached to creators of scientific works based on declarative principles. These exclusive rights include Moral Rights and Economic Rights. The moral right of the copyright holder in Article 5 is to include the name of the copyright owner, using either a real name or a pseudonym. The copyright holder has the right to submit such an application by considering the principles of decency in the society. The copyright holder can also change the title or subtitle and retain his rights if activities involve distortion, mutilation, modification, or other things detrimental to himself and his reputation. The economic rights of the Copyright Holder in Article 8 are publishing books, duplicating Works in various forms, translating, adapting, compiling, or transforming the results. The distribution of works is an economic right of the copyright holder. Copyright holders can lease their intellectual creations to other parties. The Law also prohibits copying or using someone’s scholarly work for commercial purposes without the copyright holder's consent. Table 3 Critical point of regulation ITE Law number 19 of 2016 No Electronic Information and Transaction Regulations in the ITE Law 1 Intellectual Property Rights and Protection of Personal Rights 2 Prohibition of Dissemination of Information 3 Mechanism of Elimination of Irrelevant Information 4 Information Interception or Wiretapping 5 Prevention of Dissemination and Use of Information with Prohibited Content Source: Research data, 2022 Regarding copyright application in libraries, the ITE Law number 19 of 2016, significantly Articles 43 and 44, can be used as a basis for libraries to multiply their collections. Article 43 of the Law discusses the provisions for media transfer activities to preserve and maintain library materials in libraries (Fatmawati, Nugrahaningtyas, & Paramita, 2018). The article states that media sharing of someone’s intellectual work through technological media, as long as it is not commercial and does not harm the work owner, is not a copyright infringement. Dissemination of content belonging to the copyright holder if the owner gives a statement permitting the reproduction and distribution of the content; this action is also not a violation of Copyright. Regarding Copyright, Article 44 of the ITE Law also regulates using a person's intellectual work by taking, duplicating, and changing content, ideas, and products. The article stipulates that if the activity is for educational and research purposes, writing scientific papers, compiling scientific reports, and writing criticisms of a particular issue, these actions do not constitute copyright infringement. This article also regulates information access facilities for disabilities. Using all facilities to access copyrighted works for disabilities is not an offense if displaying all content sources. If a patented work does not indicate the original, disseminating this information is illegal. Law Number 11 of 2008 in Chapter VI confirms that copyrighted information is protected. For libraries, all forms of use of information presented to users must include the owner of the work so that it does not conflict with applicable laws and regulations. This point shows that libraries can use ITE Law number 19 of 2016 as an information control tool to minimize copyright violations that often occur in libraries. Chapter VII of Law Number 11 of 2008 regulates the prohibition of disseminating, sending, and accessing certain information. This information is information that violates the norms of decency. Information containing gambling, fraud, extortion, threats, and fake news is also prohibited. This Law also prohibits disseminating information that can cause hatred or hostility towards specific individuals or groups based on ethnicity, religion, race, and inter-group (SARA). Law Number 19 of 2016, an update of Law Number 11 of 2008, provides a strong signal for libraries as information service providers to strictly select library materials so that library collections do not violate applicable regulations. This Law can be a guideline for libraries in selecting library materials to be served to users. If the collection contains content that the ITE Law prohibits, the library can terminate access to the distribution of this collection. Every information organization must have mechanisms to control the information contained in it. Through Law Number 19 of 2016, the government regulates the mechanism for deleting information, especially Article 26, Paragraphs 3 and 4. Based on the articles in this Law, libraries must also have a mechanism for deleting information content to anticipate irrelevant information. Through Government Regulation 71 of 2019, the government provides rules or mechanisms for deleting this information. According to the Law, two ways to remove irrelevant content are granting Deletion and Delisting rights. The right to delete is the removal of information from the storage container, while the right to delete the list is the removal of data from information search engines. According to the Law, electronic system administrators give deletion rights to the government to remove electronic information or documents that contain irrelevant content. Based on this Law, the library can provide the government the right to delete if information violates the Law. The right to deletion is to delete and simultaneously remove the content from information search engines. Sound and video recordings are a source of knowledge and information in the library. As a source of information, when recording sound or video, the library must ensure that the informants are aware of the sound recording process. The library must also ensure that the informant understands and agrees to share the recording as a source of information. This action is categorized as wiretapping if the recording is without the informant’s knowledge and distributed without the source's consent. According to Law Number 19 of 2016 Article 31, wiretapping is unlawful. For this reason, as a library collection and source of information and knowledge, sound and video recordings must comply with the principles of legality and ethics, namely obtaining approval from information sources regarding the recording and disseminating these recordings to the public. To avoid wiretapping activities, libraries can adopt the provisions contained in the Law, namely by providing informed consent documents. This document includes an agreement to store and distribute sound or video recordings in the library’s collection. This document also provides the informant's consent to distribute the tapes to users as a library service. The Indonesian government regulates efforts to prevent the dissemination and use of information sources containing prohibited information based on statutory regulations. These laws and regulations are to protect the public interest. Regarding information services to the public, the government 2008 issued Law No. 14, which regulates information for the public. As information providers to the public, libraries must understand the types of information prohibited in Indonesia. The procedures for disseminating this information have provisions regulated by laws and regulations. One example of restricted information is information containing the ideology of Communism and Marxism-Leninism. MPRS Decree No. XX/MPRS/1966 of 1966 regulates the prohibition of circulating books, collections, and other information containing and aiming to develop an ideology that this prohibits by the State. Other prohibited information is content containing hate, slander, provocation, SARA, harassment of state symbols, radicalism, crime, pornography, child protection, and information that violates social values (Lubis & Siregar, 2021). Indonesia has other laws and regulations. For example, the Law that regulates acts of radicalism and terrorism. The Government of Indonesia passed the Law of the Republic of Indonesia Number 5 of 2018. This Law governs the dissemination of writings or documents, both electronic and non-electronic, containing radicalism and terrorism with criminal penalties. Apart from radicalism, another relevant law is Law Number 35 of 2014 concerning Child Protection. The Law emphasizes severe sanctions and high fines for perpetrators of crimes against children. A study has found an ironic phenomenon in a collection of literary books for junior high school students. If examined further, the Middle School Library provides a collection of youth novels with romantic content and literary stories with adult content. Teaching literature with adult content to junior high school students is not a mistake. However, it is necessary to conduct studies on students’ interest in adult literary content and the flow of information in these literary works. It is also essential to check the language, characters, and whether the values in this literary work are appropriate from a psychological point of view (Rokhayati & Nafilah, 2021). Research exploring these aspects is necessary because children’s literature can teach them to grow character (Panglipur & Listiyaningsih, 2017). Furthermore, in Law Number 44 of 2008 concerning Pornography, specifically Article 15, the government emphasizes that everyone must protect children from pornographic information. The discovery of a novel with a romantic drama background in a group of teenagers indicates a violation of Law Number 1 of 2002, Law Number 4 of 2018, and Law Number 4 of 2008. The government can only prevent these violations if a control mechanism provides the right to the government by the library to cut off access to this information. Adoption of Law Number 19 of 2016, specifically Article 40, which confirms the violation, can be a solution to cut off information that violates the laws and regulations in force in Indonesia. The library has a specific policy regarding collection development. The National Library of Indonesia established this policy in 2012 by signing the Head of Library Regulation Number 14 of 2012. The Head of the National Library then updated the regulation by stipulating the Head of National Library Regulation Number 3 of 2016. Furthermore, the National Library of Indonesia updated it again by signing the Head of Library Regulation Number 2 of 2019. These regulations state that if there are several other laws and regulations governing the circulation of this information in the development of the collection, then the collection will become a special collection of the National Library. It is just that with digital library innovations, libraries must have information control tools that are legally binding and dignified for all Indonesian people. This control tool becomes a guideline for libraries to provide legal and ethical information services. Libraries providing information services to the public face various obstacles. Overcoming problems in information service activities in the library comes from multiple factors. These factors include laws and regulations regulating information dissemination and factors related to the legality of knowledge and ethics in informing. Figure 1 shows the path of penetration of the implementation of Law No. 19 of 2016 to control library information. Figure 1. The relevance of the Law on Electronic Information and Transactions as a control tool for information in libraries Source: Data processing, 2021 Based on Figure 1, the library can penetrate the main rules in Law No. 19 of 2016 into laws and regulations governing library collections, for example, Regulation of the Head of the National Library of the Republic of Indonesia number 2 of 2019. This penetration is by incorporating articles that regulate legal and ethical types of information in law number 19 of 2016 into regulations governing library collections. With this penetration, libraries have standard guidelines for selecting binding library materials with permanent legal force. These standard guidelines can be an information control tool, so, that library information services comply with legal and ethical principles.
Conclusion
Libraries can adopt Law Number 19 of 2016 concerning Electronic Information and Transactions as a tool for information constraints because it follows the goals of libraries to provide legal and ethical information services. Libraries need control tools to disseminate information through service activities. Through the information search process, libraries can make Law No. No. 19 of 2016, to control information in the library. According to the ITE law, information served to users in the library is information that does not violate Intellectual Property Rights. Such information also protects personal rights and does not violate societal norms. The library information must also be relevant and not the result of wiretapping. Library collections must also be free from content that the State prohibits following applicable Law. The stipulation of Law No. 19 of 2016 can be a standard guideline for selecting library materials in libraries. This guide will assist librarians in controlling the quality and legality of collections. The lack of outreach by the government regarding this Law makes people less aware of these rules, including librarians. For this reason, adopting law number 19 of 2016 is a way for libraries to have standard guidelines for selecting collections. Furthermore, after establishing this new Law as an information control tool that regulates library collections, the next step is to research to examine the effectiveness of this control tool in minimizing Copyright and Intellectual Work violations and irrelevant information in libraries. A study to measure the effectiveness of this new guideline can be the basis for establishing this new guideline as a guideline for selecting standards and distributing information in libraries.