Legal Literacy - This article discusses the principles in determining jurisdiction criminal act, law enforcement, and legal policies regarding the implementation of cyber law.
Cyber Crimes within the Scope of Cyber Law
Technological advancements open up vast opportunities for crime. This is evident from the numerous cases brought to court related to digital crime. The cases handled include technology abuse such as the internet, hoaxes, hacking, forgery, and so on. One of the causes of cybercrime is the increasing need for computer network technology. Cybercrime is an illegal activity carried out in cyberspace through computers or other electronic equipment such as cell phones, smartphones carried out through global electronic networks.
Jonathan Rosenoer divides the scope of Cyberlaw into: “copyright, trademark rights, defamation, hate speech or defamation, insults, slander, hacking, viruses, illegal access, internet resource management, personal security, prudence, criminal liability, procedural issues such as jurisdiction, evidence, investigation, electronic transactions, pornography, theft via the internet, consumer protection, e-commerce, e-governmentâ€.
Problems in Determining Jurisdiction in Cyber Crimes
The uncertain determination of jurisdiction in cyberspace, as stated by Tien S. Saefullah, is that: "a country's jurisdiction, recognized by international law in the conventional sense, is based on geographical and temporal boundaries, while multimedia communication and information are international, multi-jurisdictional, and without geographical boundaries, so it is still uncertain how a country's jurisdiction can be applied to the use of information technology."
Resolving the links between international and national jurisdiction, cross-border activities, and extraterritorial consequences, which bring both individuals and legal entities into legal responsibility, becomes a problem. Information in the form of data, which is the key to all activities in the digital era, not only runs in virtual space but is also connected to physical storage that is territorially located within the legal jurisdiction of a country. However, some obstacles in determining the appropriate jurisdiction and effective legal regulations in general must be remembered that information is channeled through the territory of several states. In addition, the technical ability to regulate activities in cyberspace is limited both objectively and subjectively.
Law Enforcement of Hacking Crime Jurisdiction
Hacking crimes are regulated in Article 30 paragraphs (1), (2), and (3) of the ITE Law, which essentially explains that "every person who attempts to enter or access another person's electronic system in any way intentionally and without legal rights." Article 46 paragraphs (1), (2), and (3) of the ITE Law regulates criminal sanctions for violations contained in Article 30.
Then, the aggravation of criminal penalties against hacking perpetrators is also regulated in accordance with the subject and object of the crime, namely Article 52 paragraph (2) of the ITE Law, in which hacking perpetrators are subject to aggravated criminal penalties if the object is an electronic system owned by the government or used for public services. Article 52 paragraph (3) of the ITE Law stipulates that aggravated penalties are imposed if the hacking perpetrator attacks a government-owned site that is directly related to national security or stability. Law enforcement against perpetrators of hacking crimes is in accordance with the ITE Law by prioritizing collaboration from law enforcement officials including the police, prosecutors, and the court.
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