Cybercrime in Indonesia Essay

Even if Ind championsia has not ratified or signed the dominion on Cybercrime yet, officially Indonesia has implemented almost all cyber crime commissariat set forth in the radiation pattern. These provisions are set come in in several trickicles in honor No. 11 family 2008 on Information and Electronic Transaction. The seven provisions, among others offense connect to pip-squeak pornography, illegal ingress, illegal interception, info interference, system interference, misuse of devices, and computer cerebrate counterfeit. The provisions of computer-related fraud and attempt and aiding or abetting are no long-dated regulated under this Act due consideration has been accommodated by the be provisions in the Penal Code. Likewise, some offenses related to infringements of copyright and related rights are deemed to have been sufficiently set forth in the legal philosophy on Intellectual Property Rights.In addition to the above provisions, the faithfulness No.11/2008 is the merely cybercrime statute in Indonesia, which also includes provisions on e-commerce and e-signature referring to the UNCITRAL present equity and the EU Directives on such subjects. This is by virtue of the sensory faculty of regulator or so inevit fitting legal convergence of telecommunications, media, and informatics. By performer of the principle of neutrality and efficiency, this product of law will be able to encompass the three specialties.Moreover, hacking, according to BATAN is de elegantd as infiltrating or breaching activities into an electronic system without rights, which usually aim to misuse or damage the system. kindred definition of hacking is also proposed by David S. Wall which is deliberate unauthorized access to spaces over which rights of ownership or access have already been established. Therefore, hacking hind end be incorporated into illegal access provisions. In the Article 30, there are three paragraphs that organize illegal access, inter alia 1 . Setiap orangutang dengan sengaja dan tanpa hak atau melawan hukum mengakses Komputer dan/atau Sistem Elektronik milik Orang lain dengan cara apa pun. It means whatsoever individual intentionally and without right or wrongful access to computers and/or electronic system belongs to any other soulfulness in any way.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 soul intentionally and without right or unlawful access to computers and/or electronic system in any way aim at obtaining electronic information 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 soulfulness intentionally and without right or unlawful access to compute rs and/or electronic system in any way by infiltrating, trespassing, surpassing, and breaking by a security system.The first offenses are to be punished with custody up to 6 years either with or without an administrative comely of up to IDR 600 million. Meanwhile the second offenses are to be sentenced by fetter up to 7 years either with or without an administrative fine of utmost IDR 700 million. The latter is to be sanctioned by imprison housement 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 taken place in Indonesia. However, only two object lessons were successfully expressed and bear on in apostrophize. The first case is a case of hacking (defacing) the Election deputation website in 2004 by Dani Firman. While the second case is a uniform case against the website of one Indonesias largest p nontextual mattery, Golkar, by Iqra Syafaat. In fact, accordi ng to data from the Association of Indonesian Internet Service Provider (APJII), in 2003, it has save 2267 cases of network incidents and in 2004 there were 1103 such cases. It can be cerebrate that the cases which fails to trial far less.Furthermore, another concern is phishing, defined as the stake of personal financial information that is subsequently used to defraud the dupe and relies upon the recipients inability to distinguish a bogus telecommunicate 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, alter, or suppress any electron ic 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 maximum fine of IDR twelve million. Unfortunately, there is no case hitherto which is brought to court proceeding.Finally, rare incidents of cybercrime exposed and processed in court trial as the aforementioned are caused by several factors, inter-alia the overlook of awareness among users, the absence of single identity number, the reluctance of victims to report, the limitedness of infrastructure or equipment and devices in the field of IT, and also the lack of law en compelment officers who have expertness in the field of IT. 1 . Indonesia rectitude Number 11/2008 nigh Information and Electronic Transaction, gateway into force on April 21,2008 2 . learn (n 1) machination 27 and art 9 in Convention on Cybercrime, Council of Europe, entry into force on July 1, 2004 3 . See (n 1) art 30 and art 2 in Conventio n on Cybercrime, Council of Europe, entry into force on July 1, 2004 4 . See (n 1) art 31 and art 3 in Convention on Cybercrime, Council of Europe, entry into force on July 1, 2004 5 . See (n 1) art 32 and art 4 in Convention on Cybercrime, Council of Europe, entry into force on July 1, 2004 6 . See (n 1) art 33 and art 5 in Convention on Cybercrime, Council of Europe, entry into force on July 1, 2004 7 . See (n 1) art 34 and art 6 in Convention on Cybercrime, Council of Europe, entry into force 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 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 De signs of Integrated Circuits, Law No.14/2001 about Patent, and Law No.15/2001 about Trademark 13 . See UNCITRAL Mode Law on E-commerce onhttp//www.uncitral.org/pdf/english/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 family 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 September 29, 2012 16 . Wall, David S, Cybercrime The Transformation of Crime in the Information date, (Polity Press 2008) 53 17 . (n 1)