Cybercrime in Indonesia Essay Example for Free

Cyber aversion in Indonesia EssayEven if Indonesia has non ratified or signed the Convention on Cybercrime yet, officially Indonesia has implemented almost all cyber crime supply set forth in the Convention. These provisions are set out in some(prenominal) fine artistryificeicles in virtue No. 11 Year 2008 on Information and electronic Transaction. The seven provisions, among others evil link to child pornography, illegal get to, illegal interception, data interference, form interference, misuse of devices, and computer related forgery. The provisions of computer-related fraud and attempt and aiding or abetting are no longer regulated under this Act collect consideration has been accommodated by the existing provisions in the Penal Code. Likewise, some offenses related to infringements of copyright and related rights are deemed to gravel been sufficiently set forth in the fair play on Intellectual dimension Rights.In addition to the above provisions, the 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 musical model Law and the EU Directives on such subjects. This is by virtue of the awareness of regulator or so inevitable legal convergence of telecommunications, media, and informatics. By means of the principle of neutrality and efficiency, this product of law leave be able to encompass the three specialties.Moreover, hacking, according to BATAN is defined as infiltrating or erupting activities into an electronic system without rights, which usually aim to misuse or damage the system. Identical definition of hacking is also proposed by David S. contend which is deliberate unauthorized access to spaces over which rights of ownership or access have already been established. Therefore, hacking throw out be incorporated into illegal access provisions. In the Article 30, there are three paragraphs that attire illegal access, inter alia 1. S etiap Orang dengan sengaja dan tanpa hak atau melawan hukum mengakses Komputer dan/atau Sistem Elektronik milik Orang lain dengan cara apa pun. It means both person intentionally and without right or culpable access to computers and/or electronic system belongs to any other person 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 person intentionally and without right or unlawful access to computers and/or electronic system in any way aim at obtaining electronic selective teaching 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 intentionally and without right or unlawful access to computers and/or electronic system in any way by infiltrating, trespassing, surpassing, and breaking with a security system.The first offenses are to be punished with imprisonment up to 6 years either with or without an administrative fine of up to IDR 600 million. Meanwhile the second offenses are to be sentenced by imprisonment up to 7 years either with or without an administrative fine of utmost IDR 700 million. The latter(prenominal) 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 taken correct in Indonesia. However, only two cases were successfully expressed and processed in speak to. The first case is a case of hacking (defacing) the Election Committee website in 2004 by Dani Firman. While the second case is a corresponding case against the website of one Indonesias largest party, Golkar, by Iqra Syafaat. In fact, according to data from the Associat ion of Indonesian Internet serving Provider (APJII), in 2003, it has recorded 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 pursuit of personal financial information that is subsequently used to defraud the victim and relies upon the recipients inability to distinguish a bastard 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, alter, or suppress any electronic document and/or informatio n 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 dozen 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 lack 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 blackjackment officers who have expertise in the field of IT. 1 . Indonesia Law Number 11/2008 about Information and Electronic Transaction, entry into force on April 21,2008 2 . See (n 1) art 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 Convention 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 Designs of Integrated Circuits, Law No.14/2001 about Pa tent, 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 September 28, 2012 14 . (n 1) interpretation 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 Age, (Polity Press 2008) 53 17 . (n 1)