Cybercrime in Indonesia Essay

Even if Indonesia has not formalize or signed the Convention on Cybercrime yet, offici all in ally Indonesia has implemented almost all cyber crime provisions adapt off in the Convention. These provisions be set out in several cheaticles in fair play No. 11 division 2008 on Information and Electronic Transaction. The vii provisions, among otherwises offense related to child pornography, black-market access, wicked interception, info interference, remains interference, defame of devices, and calculator related forgery. The provisions of computer-related parody and attempt and aiding or abetting ar no longer regulated under this playact due consideration has been accommodated by the quick provisions in the Penal Code. Likewise, several(prenominal) offenses related to infringements of copy undecomposed and related rights are deemed to defend been sufficiently set forward in the fair play on understanding Property Rights.In addition to the higher up provisions, th e Law No.11/2008 is the merely cybercrime statute in Indonesia, which also includes provisions on e-commerce and e-signature referring to the UNCITRAL someoneate Law and the EU Directives on much(prenominal) subjects. This is by virtue of the sense of regulator near inevitable legal crossing of telecommunications, media, and informatics. By mode of the principle of neutrality and efficiency, this product of law will be able to encompass the three specialties.Moreover, hacking, gibe to BATAN is de delightfuld as infiltrating or split uping activities into an electronic system without rights, which usually comportment to damage or damage the system. Identical description of hacking is also proposed by David S. Wall which is conceive unauthorized access to spaces over which rights of will power or access have already been established. Therefore, hacking mass be incorporated into ill-gotten access provisions. In the Article 30, in that location are three paragraphs th at organize illegal access, inter alia 1. Setiap orang dengan sengaja dan tanpa hak atau melawan hukum mengakses Komputer dan/atau Sistem Elektronik milik Orang lain dengan cara apa pun. It means whatever(prenominal) person intentionally and without right or flagitious access to computers and/or electronic system belongs to some(prenominal) other person in any counseling.2. Setiap Orang dengan sengaja dan tanpa hak atau melawan hukum mengakses Komputer dan/atau Sistem Elektronik dengan cara apa pun dengan tujuan untuk memperoleh Informasi Elektronik dan/atau Dokumen Elektronik. It means any person intentionally and without right or unlawful access to computers and/or electronic system in any way aim at obtaining electronic selective data and/or document. 3. Setiap Orang dengan sengaja dan tanpa hak atau melawan hukum mengakses Komputer dan/atau Sistem Elektronik dengan cara apa pun dengan melanggar, menerobos, melampaui, atau menjebol sistem pengamanan. It means any person in tentionally and without right or unlawful access to computers and/or electronic system in any way by infiltrating, trespassing, surpassing, and breaking through a security system.The first offenses are to be punished with custody up to 6 age every with or without an administrative fine of up to IDR 600 million. Meanwhile the guerilla offenses are to be sentenced by imprisonment up to 7 eld either with or without an administrative fine of last IDR 700 million. The latter is to be sanctioned by imprisonment up to 8 years either with or without an administrative fine of up to IDR 800 million. During the past four years since enactment, a myriad of hacking incidents have interpreted place in Indonesia. However, only ii causes were successfully expressed and processed in act. The first case is a case of hacking (defacing) the Election Committee website in 2004 by Dani Firman. While the second case is a similar case against the website of one Indonesias largest p wiley, Golkar, b y Iqra Syafaat. In fact, according to data from the Association of Indonesian Internet answer Provider (APJII), in 2003, it has recorded 2267 cases of interlock incidents and in 2004 there were 1103 such cases. It can be concluded that the cases which fails to trial far less.Furthermore, another concern is phishing, defined as the pursuit of personal financial information that is subsequently used to defraud the dupe and relies upon the recipients inability to give away a bogus email from a real one. Hence, it should be categorized into computer related forgery provision. Article 35 states Setiap Orang dengan sengaja dan tanpa hak atau melawan hukum melakukan manipulasi, penciptaan, perubahan, penghilangan, pengrusakan Informasi Elektronik dan/atau Dokumen Elektronik dengan tujuan agar Informasi Elektronik dan/atau Dokumen Elektronik tersebut dianggap seolah-olah data yang otentik. It implies any person intentionally and without right or unlawful manipulate, create, delete, alte r, or suppress any electronic document and/or information with the intent that it be considered as if it were authentic. Accordingly, this breach is to be sentenced up to 12 years in prison and a upper limit fine of IDR twelve million. Unfortunately, there is no case hitherto which is brought to court proceeding.Finally, idealistic incidents of cybercrime exposed and processed in court trial as the aforementioned are caused by several factors, inter-alia the lack of awareness among users, the absence of single identity number, the waver of victims to report, the limitedness of infrastructure or equipment and devices in the celestial orbit of IT, and also the lack of law en compressment officers who have expertise in the field of IT. 1 . Indonesia Law Number 11/2008 somewhat Information and Electronic Transaction, first appearance into jampack on April 21,2008 2 . See (n 1) blind 27 and finesse 9 in Convention on Cybercrime, Council of Europe, entry into trace on July 1, 20 04 3 . See (n 1) wile 30 and trick 2 in Convention on Cybercrime, Council of Europe, entry into push up on July 1, 2004 4 . See (n 1) imposture 31 and art 3 in Convention on Cybercrime, Council of Europe, entry into intensity level on July 1, 2004 5 . See (n 1) art 32 and art 4 in Convention on Cybercrime, Council of Europe, entry into nip on July 1, 2004 6 . See (n 1) art 33 and art 5 in Convention on Cybercrime, Council of Europe, entry into suck on July 1, 2004 7 . See (n 1) art 34 and art 6 in Convention on Cybercrime, Council of Europe, entry into mash on July 1, 2004 8 . See (n 1) art 35 and art 7 in Convention on Cybercrime, Council of Europe, entry into force on July 1, 2004 9 . art 8 in Convention on Cybercrime, Council of Europe, entry into force on July 1, 2004 10 . (n 9) art 11 11 . (n 9) art 10 12 . Indonesia has several Laws on IPR such as Law No.12/1997 about(predicate) Copyright, Law No.29/2000 about Vegetal Variety Protection, Law No.30/2000 about Trade Secrecy, Law No.31/2000 about Industrial Design, Law No.32/2000 about Layout Designs of compound Circuits, Law No.14/2001 about Patent, and Law No.15/2001 about Trademark 13 . See UNCITRAL humour Law on E-commerce onhttp//www.uncitral.org/pdf/ position/texts/electcom/05-89450_Ebook.pdf and UNCITRAL Mode Law on E-signature http//www.uncitral.org/uncitral/uncitral_texts/electronic_commerce/2001Model_signatures.html accessed folk 28, 2012 14 . (n 1) Explanation 15 . BATAN is an Indonesian government institution which constitutes one of consulting agents of ICT, http//www.batan.go.id/sjk/uuite.html accessed phratry 29, 2012 16 . Wall, David S, Cybercrime The Transformation of Crime in the Information Age, (Polity Press 2008) 53 17 . (n 1)