The Application of Cyber law on The Emerging Cyber Crime

Muhamad Zikri Ebrahimi Gais

Iddo Noor Ramadhan

Ibrahima

Background

Due to the rapid growth of the development and the usage of internet and becomes
inextricably integrated into the society, the stakes are getting higher for ensuring
the continuity for the internet in its current form. However, the force against it are
attempting to split it and fragment it into pieces. In current state, there are two
main issues that make solving international conflict getting more difficult. The
first, there is an anonymity on the internet and identities may be deceived.
Information and communications technologies (ICTs) have drastically increased
the porosity between national borders1

Which may mean that people can hide behind the anonymity and commit crimes
and many other dangerous activities without revealing themselves to others. The
second is issue is no less harmful to the society, the issue is that the internet
transcends national boundaries whereas the laws are applicable within national
boundaries and internet is able to cross nations boundaries, it makes enforcement
of laws very difficult to exercised. To what the writer has written before, the
stakes are very high, countries are also jockeying to gain leverage on the internet,
both for politically through treaties and as through surveillance and intelligence
gathering purposes.

1
Rosenau, J.N., 1995. Security in a turbulent world. Current History 94 (592),
193–200.
In this context, where we’ll discuss on the scope of cybercrime, it started like any
other crimes which aim by the perpetrators for many, but with the tools of cyber
apparatus, that’s what cybercrime is sort of a unique business 2. Its uniqueness
came from its vary of motives and behaviour that carried out by the perpetrators,
it makes us unable to pin-point the perpetrators behaviour. In order to make it
easier for us to differ between types of perpetrators in the cyberspace, we may
divide it into two types, first is the old-school perpetrators, these are the computer
programmer who primarily interested into coding and others, it also may be
considered as the white hat perpetrator, there is no malicious intent or criminal
activity which may affected negatively to the society or in a simpler
understanding it may also have described as an ethical computer hacker, or a
computer security expert, who specializes in penetration testing and other testing
methodologies that ensure the security of an organization's information systems.
Then the other type is a perpetrator who act a professional crime, they are able to
break into systems to steal the information in order to sell it. The flourishing
synergy between organized crimes and the Internet has thus increased the
insecurity of the digital world.3

The description above may tell that there are diverse set of perpetrators that has
different underlying motivation. Pursuant to the Black’s Law dictionary, which
define a crime in a cyberspace as a computer crime stated that ‘A crime involving
the use of computer, such as sabotaging or stealing electronically stored data’, it
also can be determined as a cybercrime. Hacking cases generally aim to retrieve
certain data belonging to the target. In accordance to a prominent cyber security
service provider named Kaspersky, types of cybercrime divided into plenty which
are:

2
Kshetri, Nir ,2005, ―Pattern of Global Cyber War and Crime: A Conceptual
Framework, ‖ Journal of International Management, 11(4), 541-562.

3
Williams, P. 2001. Organized crime and cybercrime: synergies, trends, and
responses, 13 August, Office of International Information Programs, U.S.
Department of State, http://usinfo.state.gov.
 - Email and internet fraud.
- Identity fraud (where personal information is stolen and used).
- Theft of financial or card payment data.
- Theft and sale of corporate data.
- Cyber extortion (demanding money to prevent a threatened attack).
- Ransomware attacks (a type of cyber extortion).4

But there are also hacks that aim to destroy certain data or systems so that they
have an impact such as digital damage. With the high development of information
and the rapid flow of cyber media, there are at least two crucial problems that can
be seen in this regard. If we analysed further, the term cybercrime is a criminal act
committed on internet technology through the process of attacking public facilities
in cyber space as well as personal data that is important or confidential. It is like
thunder that destroys the symmetrical force in the truth of a data or information.

The crime model above can be divided into off-line crime, semi-on-line, and
cybercrime. Each of these actions has its own unique characteristics. These crimes
are often committed for intellectual and economic motives, intellectual motives,
namely crimes committed for their own satisfaction and also to prove their
expertise has been able to manipulate and implement the knowledge they have
learned. On economic motives, where these crimes are used to seek personal gain
and certain groups that harm others economically.

There are so various explanations of cybercrimes, both by the experts and

legislation. These definitions may be used as the basis for the regulation of
material cybercriminal law. For instance, Susan Brenner divides cybercrimes into
three categories: Crimes in which the computer is the target of the criminal
activity, crimes in which the computer is a tool used to commit the crime, and
crimes in which the use of the computer is an incidental aspect of the commission
of the crime.5

4
‘Kaspersky.com’,( Kaspersky, 2021) https://www.kaspersky.com/resource-center/threats/what-
is-cybercrime
Examples of Cyber Crime including the piracy of works or infringements,
plagiarism, spreads of downloading, such as software or films, illegal content:
contradictory content, pornography, hoax content, controversy, sexual harassment,
sales of illegal goods (prostitution, drugs). According to Jonathan Roseno in
Cyber law, the law of the internet reminds of the scope of the violation of law in
networks, among others:

● Copyright.

● Trademark.

● Defamation.

● Defamation or Hate Speech.

● Attack on computers (Hacking, Viruses, and Illegal Access).

● External resource management, such as IP-Address, domain name.

● Comfort Individual (Privacy).

● Issues of Procedural

Cyber law is a generic term, which refers to all the legal and regulatory aspects of
Internet and World Wide. Anything concerned with or related to or emanating
from any legal aspects or issues concerning any activity of netizens and others, in
Cyberspace comes within the amity of cyber law. 6 While, the techopedia defined
cyber law or internet law as the area of law that deals with the Internet's
relationship to technological and electronic elements, including computers,
software, hardware and information systems.

5
Susan W. Brenner., (2001). Is There Such Thing as ‘Virtual Crime?’. California Criminal Law
Review, Vol. 4, No. 1
6
Pavan Dugal., (2002); ‘Cyber law The Indian Perspective’.
The instrument of the United Nations in the Tenth United Nations Congress on
the Prevention of Crime and the Treatment of Offenders separate cybercriminal
law into two senses, which are:

●  Cybercrime in a narrow sense (computer crime): any illegal behavior

directed by means of electronic operations that targets the security of
computer systems and the data processed by them;

●  Cybercrime in a broader sense (computer-related crime): any illegal

behaviour committed by means of, or in relation to, a computer system or
network, including such crimes as illegal possession, offering or
distributing information by means of a computer system or network.

While in our country, Indonesia, cybercrime also may be distinguished into two.
Firstly, criminal acts using facilities or with the help of electronic systems. That
means all conventional criminal acts in the Criminal Code as long as they use the
help or means of electronic systems such as murder, trafficking in persons,
transfer of funds, and money laundering is classified as cybercrime within the
broad point of view. On the other hand, in the narrow point of view cybercrime it
is regulated and set out in the Law number 11 of 2018 regarding information and
electronic transaction or usually called as “ITE Law”.

Along with myriad of explanations that define cyber law, there is similarity in all
between which is that cyber law is an effort to enter and or to use computer or
network facilities computer without permission and with against the law with or
without cause changes and or damage to computer facilities entered or to be used.

I. Analysis

The Purpose and Role of Cyber Law

Cyber law helps in preventing or reducing large scale harm from cybercriminal
activities by way of protecting information access, privacy, communications,
intellectual property, and freedom of speech related to the internet usage,
websites, e-mails, computers, cell phones, software and hardware, such as data
storage devices. Whereas increasing number in the Internet traffic has led to a
higher proportion of legal issues worldwide, for the reason that cyber laws may
differs in certain jurisdiction and country, the enforcement is very challenging
also the restitution arrays from fines to imprisonment.7

Because of that Cyber Law is very much needed, in relation to efforts to prevent
criminal acts, as well as handling criminal acts. Cyber Law will be the legal basis
in the law enforcement process against crimes by electronic means and computers,
including money laundering and terrorism crimes. In other words, Cyber Law is
needed to tackle cybercrime. Cyber Law is very important to be enforced as law in
Indonesia, this is because of the development of the times that allow technology to
grows even more advance yet sophisticated while considering that the previous
and old laws are not able to anticipate fully and efficiently to the rapid
development of cyberspace in this modern day.

Cybercrime in Indonesia
Indonesia, a country with the fourth-largest growth in internet users in the world,
is facing both great opportunities as well as significant threats with the
development of digital technology and internet. Research suggest that digital
technology can increase the country’s annual economic growth by 2% as it
supports the growth of small to medium enterprises. Nonetheless, without solid
cybersecurity systems, 150 million internet users in Indonesia are at risk of being
caught up in tragic Black Mirror episodes, additionally in Indonesia, more than
200 million amount of cyber-attacks are speeded around the archipelago 8. To deal
with these attacks, the government has issued regulations and set up a number of
institutions in the Defence Ministry and National Police. Those measures are not
enough. Indonesia needs to arm itself with a stronger law and build its digital

7
https://www.techopedia.com/definition/25600/cyberlaw
8
https://www2.deloitte.com/id/en/pages/financial-advisory/articles/smes-powering-indonesia-
success-report.html
security systems and industry.9 Just like in all around the world during the Covid-
19 pandemic usually most people tend to work, study, and do their other activities
online or through internet and sadly it turned out to have an impact on the increase
in the number of cyber-attack attempts. Based on data from the National Cyber
and Crypto Agency (BSSN), from January to August 2020, there were nearly 190
million cyber-attack attempts in Indonesia, an increase of more than four times
compared to the same period last year which was recorded at around 39 million.

The highest number was recorded in August 2020, where BSSN recorded the
number of cyber-attacks in the range of 63 million, much higher than August 2019
which was only about 5 million. The increase was none other than because of the
social distancing policy that forced people to work, study, and complete their
other activities from home by internet connection. The focal point of internet
usage has also moved from mainly in an office environment to be more in
residential or inhabited areas. The Directorate of Cyber Crime of the Criminal
Investigation Unit of the Indonesian National Police received 2,259 reports of
cybercrime cases from January to September 2020. It was recorded and
documented that the data and report regarding the blowout of provocative content
were the most commonly reported, with total of 1,048 cases, moreover this big
amount of cybercrime cases in Indonesia has caused a loss of 27.19 billion IDR.

The Indonesian Ministry of Communication and Information had reported that

there are 1.106 hoaxes on Covid-19 that were spread across 1.912 platforms all
around the archipelago in August of 2020. While in the previous year, the amount
of hoax spreading in Indonesia is less, which are in 2018, the number of hoaxes
reported reached 997 cases, then in 2019, it increased to 1.221 cases and increased
even more in 2020 until 2.024 hoaxes.
As at January 2019, 56% of the Indonesian population, or around 150 million
people, are using the internet. The number represents 13% growth from the

9
https://theconversation.com/cybersecurity-for-indonesia-what-needs-to-be-done-114009
previous year. The increase is the fourth-biggest in the world after India, China
and the United States.

Due to Indonesia’s poor cybersecurity system, the country is subject to frequent

attacks. As an illustration, in one week in February Indonesia experienced 1.35
million web attacks. These cyber-attacks are mostly hacking cases, and the main
targets and victims are government and corporate websites in majority.

Some government institutions, including the General Elections Commission,

Defence Ministry, Indonesian Child Protection Commission, Indonesian
Association of Muslim Intellectuals and the chairman of its advisory board, have
become targets. The hackers also target the corporate sector. Cellular
telecommunication company Telkomsel was hacked in 2017. Aside from attacks
by hackers, Indonesia has also suffered from cyber espionage attacks. Australia
was accused of spying on the then Indonesian president, Susilo Bambang
Yudhoyono, his wife, Ani Yudhoyono, and other senior officials via their mobile
phones in 2007 and 2009. The most recent major cyber-attacks in Indonesia
happened during the WannaCry ransomware attack in May 2017. Those attacks
infected at least 200,000 computers across 150 countries with the attackers
demanding ransoms.
The Indonesian Minister of Communication and Information Rudiantara discloses
that 12 institutions in Indonesia were attacked, including plantation and
manufacturing companies as well as universities.10

The Enforcement of Cybercrime in Indonesia

The applied and current Law that regulated and enforced cybercrime in Indonesia
is named and called UU ITE11. It is the abbreviated of The Information and
10
https://theconversation.com/cybersecurity-for-indonesia-what-needs-to-be-done-114009
R.I., Undang-Undang Nomor 19 Tahun 2016 tentang Perubahan Atas Undang-
11

Undang Nomor 11 Tahun 2008 tentang Informasi dan Transaksi Elektronik.

Electronic Transaction Law which essentially regulated electronic information
and electronic transaction. Electronic Information is defined as one or a set of
electronic data, containing but not limited into writing, sound, pictures, maps,
designs, photographs, electronic data interchange, electronic mail, telegram, telex,
telecopy or the like, processed letters, signs, numbers, Access Codes, symbols, or
perforations that have meaning or can be understood by people who are able to
understand them. On the other hand, Electronic Transactions are legal actions that
carried out by using computers, networks, or other electronic media. Since the
ITE Law was enacted, the amount of criminal cases of insults by the internet users
in Indonesia have started to rise significantly.

As an archipelago state, geographically it becomes a challenge for Indonesia to

improve access to justice for the suspects or defendants. Moreover, to the problem
of the geographical conditions, availability of lawyers who fully understand
internet issues is very few, especially lawyers who provide nuances of human
rights in these criminal cases. Indonesia also had additional law regarding the
cyber activity, which are the Indonesian criminal code, Law number 8 of 1981
concerning the criminal procedural law, Law number 19 of 2016 concerning the
electronic information and transaction, Law number 3 of 2011 concerning the
transfer of funds.

There is a procedure that allows a criminal sue against an act of cybercrime, can
simply be explained as follows (Article 42 of the ITE Law in conjunction with
Article 43 of Law 19/2016 and Article 102 to Article 143 of Law Number 8 of
1981 concerning Criminal Procedural Law):
● An individual who felt that their rights have been violated through the
legal counsel, may come directly to make an incident report to the police
investigators at the Cybercrime unit or to PPNS investigators at the Sub-
Directorate of Investigation and Enforcement, of The Ministry of
Communications and Information Technology. In addition, investigators will
carry out an investigation that can be continued with the investigation process of
the case concerned with the Criminal Procedural law and the provisions of the
ITE Law.
● After the investigation process is completed, the case file carried out by
the investigator will be transferred to the public prosecutor for the process of a
prosecution before the court. If the person conducting the investigation is a PPNS,
the results of the investigation will be submitted to the public prosecutor through
the police investigators.

On one hand, the presence of the cyber police or virtual police is a true testament
of the Indonesian government’s existence in cyberspace. Thus in other
perspective, the arrival of cyber police may also endanger the freedom of speech
itself, because Indonesia is a democratic state which mean they respect the right of
the freedom speech of its people.

Cyber police in Indonesia under “polri” in which their formal name in Indonesian
language is “Direktorat Tindak Pidana Siber” abbreviated to “Dittipidsiber”.
Enforcing the law against cybercrime. Generally, Dittipidsiber handles two types
of crimes which are distinguished into computer crime and computer-related
crime. Computer crime is a type of cybercrime that use computers as the main
device. The methods of crime are hacking the electronic systems (hacking), illegal
interception, changing the appearance of websites (web defacement), system
interference, and manipulation of the data. While, the computer-related crime is
other type of a cybercrime that also uses a computer as the main device, such as
online pornography, online gambling, online defamation, online extortion, and
online fraud, hate speech, online threat, illegal access, data theft.12

“Menko Polhukam” realizes that the existence of cyber police is a very

dilemmatic thing. If the government is silent and does not take any action against
cybercrime and hoaxes as they run rampant, then the people will question the
state’s existence. Whereas if the government were taking an action (by activating

12
Patrolisiber.com
cyber police), they would be accused of threatening the public’s civil rights.
While our take on this problem is that as the generation that uses social media and
internet more intensely we may found that we being “information limited” by the
authority, because unlike before we may seek information way harder and being
sorted by the cyber police. Additionally, I think that the existence of the cyber
police in Indonesia is violated the term of “democracy” itself, because from our
looks and the understatement of the democracy is that freedom speech is a product
of democracy in which it is fundamental to the ideology.

The public’s biggest fear of the threat against their freedom of speech is not a
baseless one. According to the data reported by The Indonesian Statistics, despite
the fact that Indonesia’s Democracy Index improved, civil freedom has been
declining. This aligns with the internal survey created by The National
Commission on Human Rights that involved 1.200 respondents across 34
provinces that 36.2% of Indonesian people be afraid of expressing their opinions
and critiques through the online platforms or social media. The presence of cyber
police among us Indonesian netizens increases the feeling of ‘being watched’ by
the government which directed to there are no more privacy and freedom of
Indonesian.

In the context of cybercrime, then there are perpetrators who commit these crimes
in the form of individuals or also in groups. Perpetrators who commit cybercrimes
will face the existing law enforcement agencies. Law enforcement officials work
in accordance with existing norms professionally. This is where the actual role of
law enforcement is to maximize the investigation of crimes that occur in
cyberspace. In general, the process of investigating cybercrimes is the same as the
process of investigating other conventional crimes. The difference is only in terms
of the process of catching criminals and their coordination with certain parties. It
can be seen that the handling of cybercrimes is a bit complicated compared to
conventional crimes, because they must first coordinate with certain parties to get
certainty that it is really a criminal offense or not.
The existence of law enforcement is not only enough to work smartly, but also
must apply legal norms even when dealing with someone and even a community
group suspected of committing a crime.13

Meanwhile, in determining the suspect of a cybercrime, it has a lower level of

difficulty than conventional crime, by looking at the evidence in the form of a cell
phone number or social media address owned by the perpetrator and of course
with the evidence it will be directed directly to the party who committed the
crime. To prevent crimes in cyberspace, the state as a regulator has enacted a law
regarding this matter.

This can be seen through the legal provisions, namely Law No. 11 of 2008
regarding information and electronic transactions as has been paid by Law No. 19
of 2016 concerning amendments to the previous Law, it can be interpreted thus
that our legal basis to deal with cybercrime is the ITE Law which has been
described above.

Criminal liability for hacking as one of the crimes in cyber space is based on
Article 30 of the ITE Law, a person can be punished if he accesses the victim's
electronic system and also in this article determines that the method used is by any
means (including hacking) as long as it is done in a way without their rights. For
example, if a website is hacked by hackers, the web service provider cannot be
held criminally responsible. However, some scholars state that Indonesia does not
have a legal definition for cybercrime, Law Number 11 of 2008 as an amendment
to Law Number 19 of 2016 concerning Information and Electronic Transactions is
an administrative law. However, legislators include several provisions regarding
criminal acts.14

13
Jurnalis J. Hius, Jummaidi Saputra, Anhar Nasution, Mengenal Dan
Mengantisipasi Kegiatan Cybercrime Pada Aktifitas Online Sehari-Hari Dalam
Pendidikan, Pemerintahan Dan Industri Dan Aspek Hukum Yang Berlaku,
Prosiding Snikom 2014

14
VIDYA PRAHASSACITTA., (2019), Konsep Kejahatan Siber Dalam Sistem Hukum
Indonenesia.,
The definition of cybercrime can be deduced from the article about the crime. It
was also found that there are many obstacles faced by law enforcers in eradicating
cybercrime, these obstacles will affect law enforcement against cybercrime so that
they cannot be overcome optimally. The aspects that will become obstacles are:

- Investigative aspect
- Aspects of evidence
- Jurisdictional aspect

From the aspects mentioned above, the aspect that will be very helpful for law
enforcement is the aspect that will be discussed, related to the issue of cybercrime
accountability. Handling cybercrime will not succeed if the jurisdictional aspect is
ignored. Because the relationship that involves cybercrime is also inter-regional,
inter-regional, and inter-country. The determination of jurisdiction has been
regulated in article 2 which states that this law applies to everyone who commits a
legal act as regulated in this law, both within the jurisdiction of Indonesia and
outside the jurisdiction of Indonesia which has legal consequences in the territory
of Indonesia. Indonesian law and/or outside the jurisdiction of Indonesia and harm
the interests of Indonesia.15 There are also several examples of the provisions in
the Criminal Code in which it bears cybercrime issue which are:
● Article 362 of the Criminal Code which applies to carding cases where the
perpetrator takes other person credit card number even if not physically, because
only the card number is taken using card generator software on the Internet to
conduct transactions in e-commerce. After the transaction is made and the goods
are shipped, then the seller who wanted to withdraw his money at the bank turned
out to be rejected since the card owner is not the one who carry out the
transaction.
● Article 378 of the Criminal Code can be imposed for fraud as if offer and
sell a product or goods by advertising on a website so that people are interested in
buying it and send money to advertisers. But, in fact, the item does not exist. This

15
R.I., Undang-Undang Nomor 11 Tahun 2008 tentang Informasi dan Transaksi elektronik
is known after the money had been send and the ordered goods did not arrive thus
the buyer be deceived.
● Article 335 of the Criminal Code can be imposed for cases of threats and
extortion carried out through e-mail by the perpetrator to force the victim to do
something according to what to be wanted by the perpetrators and if not
implemented will have an impact which is dangerous.
● Article 311 of the Criminal Code may be imposed for defamation cases
using Internet media. Through a way by the perpetrator spreading an email to the
victim's friends about an incorrect story or sending an email to a mailing list so
that many people know the story people know the story.
● Article 303 of the Criminal

Cyber law regulation is very much needed in law enforcement efforts for crimes
that occur in the development of information technology. Because after all, it is a
crime or an act against the law, where the act is carried out using internet facilities
with advanced computer technology. Cybercrime or cybercrime is more likely to
use computers or internet networks, making it easier for people to commit crimes
even though they are very far away. Therefore, with the sophistication of
computer technology that is connected to the internet, cybercrime is not hindered
by space and time. From that, in law enforcement efforts, especially in the area of
criminal law, cyber law will be the legal basis in all law enforcement processes for
all information technology crimes. However, people must be able to live well and
away from actions that harm others.

Classification of Cybercrime in Indonesia

The regulation regarding cybercrime is divided into two, namely formal and
material, generally it is all crimes that use electronic platforms as a medium for
these actions, therefore all criminal acts that have been regulated in the Criminal
Code (KUHP). the use and assistance of cyber media or means can be considered
as a cybercrime.
The anatomy of cybercrime under the ITE Law may be sorted into two groups,
firstly:

●      Hacking which is regulated in the article 30

●      Illegal interception which is regulated in the article 31 (1) and (2)
●      Defacing which is regulated in the article 32
●      Electronic thievery which is regulated in the article 32 (2)
●      Interface which is regulated in the article 33
●      Facilitating an act of criminal which is regulated in the article 34

●      Identity thievery which is regulated in the article 35

The second group is regulated illegal contents that prohibited by the ITE law,
which are:

●      Pornography which is regulated in the article 27 (1), Law number 44 of

2008 concerning pornography, and criminal code
●      Gambling which is regulated in the article 27 (2) and criminal code
●      Defamation which is regulated in the article 27 (3) and criminal code
●      Blackmail or extortion which is regulated in the article 27 (4) and
criminal code
●      Scam toward customer which is regulated in the article 28 (1) and Law
number 8 of 1999 concerning the consumer protection
●      Hate speech which is regulated in the article 28 (2) and criminal code

●      Violence threat which is regulated in the article 29 and criminal code

There are also other classifications following the convention on cybercrimes

which are sorted into 6 groups, which are: (sitompul,2002)
1. Illegal activity:
● Distribution, transmission, accessible forbidden content which includes:
Morality (Article 27 paragraph 1 of the ITE Law); Gambling (Article 27
paragraph 2 of the ITE Law); insult or defamation (Article 27 paragraph 3 of the
ITE Law); extortion or threats (Article 27 paragraph 4 of the ITE Law); false
news that misleads and harms consumers (Article 28 paragraph 1 of the ITE
Law); generate hatred based on SARA (Article 28 paragraph 2 of the ITE Law);
sending personally threatening or intimidating information (Article 31 paragraph
19 of the ITE Law).
● With any meaning of an unauthorized illegal access (Article 30 of the ITE
Law)
● Interception or illegal tapping of information or electronic documents and
electronic systems (Article 31 of the Law number 19 of 2016)
2. The act of interference:
● Interference of the data of the document and information (Article 32 of the
ITE Law)
● Interference of the electronic system (Article 33 of the ITE Law)
3. Facilitating or helping an act that forbidden or against the law (Article 34 of the
ITE Law)
4. The act of deception towards information or electronic documents (Article 35
of the ITE Law)
5. Additional or accesoir act against the law (Article 36 of the ITE Law)
6. Objections to a criminal threat (Article 52 of the ITE Law)
There are also three different forms of motive of their main targets in cybercrime,
which differs into three:
● Attacking individual: It is a cybercrime that intended as a vengeance or
just by no reason at all, it is commonly to embarrass others for gaining personal
satisfaction. For instance, pornography and cyberstalking.
● Attacking copyright or ownership right: It is a cybercrime against other’s
work or brand with the motive of doubling, marketing, and change the direction
for the personal or public benefits.
● Attacking government: It is a cybercrime that intended to terrorize, hijack,
harm, or causing chaos into the national system or government in order to
endanger a nation.
Current Issue concerning cybercrime activities on Cyber Law in Mali
On December 05, 2019, the President of Mali promulgated law No 2019-056 on
the suppression of cybercrime. Although timily and relevant, a number of
provision pose potential threats to privacy and freedom of expression online,
especially in view of Mali's democracy deficits and low press freedom ranking.
The new law applies to " any offence committed by means of informatic and
communication technologies (ICT) in whole or part on the territory of Mali to any
offence committed in cyberspace and whose effects occur on the National territory
" ( article 2). It is part of a legislative framework deemed necessary to support
reforms in the technology sector, pursuant to the 2000 Mali Telecommunications
Sector Policy Declaration.
Furthermore, communications service providers are required to put in place
mechanisms to monitor systems for potential illegal activity with failure to inform
authorities of illegal activities being punishable by a prison of between six months
and two years, a fine of central African francs ( cfa) 500,000 to 2000000 USD 830
to 3318 ) or both ( article 25).

Case I Ahmad Dhani

Ahmad Dhani, very well-known and highly respected Indonesian musician
violated the Article 27 paragraph 3 jo. Article 45 paragraph 3 of the ITE Law. 16
with the allegations of defamation, in which the defendant makes video content
containing the word "idiot" in which that word considered to be insulting the good
name of the demonstration participants outside the hotel where the defendant is
staying. (Tempo.com)

The defendant may be convicted if he fulfils the fundamental elements that stated
in the Article 27 paragraph 3 of the ITE Law, in which the definition of
defamation refers to the articles regarding insults regulated in the Criminal Code.
In demonstrating whether there is an insult or defamation, the content and context
of an information is considered important to be studied and the assessment is

16
Ibid.
subjective because it can only be judged by the person concerned. That is, the
target of the content is the victim and only the victim can judge whether the
content contains elements of attack on his honor. Whereas in context, it can be
assessed objectively through the intent and purpose of the actors for the creation
and dissemination of the content.

For his statement, a group called the Coalition for the Defence of the Republic of
Indonesia reported Ahmad Dhani to the East Java Regional Police on August 30,
2018. The group thought that Dhani had committed defamation. Because of this
case, Ahmad Dhani was charged by the Article 27 paragraph 3 of the ITE Law
referring to the Article 311 of the Criminal Code, which means that spreading
accusations of defamation is to accuse an act of not insulting.17

Case II Petrus Sungkar

Background of the case:
An Indonesian citizen named Petrus Sungkar, 22 years of age, alongside other
three partners in crime of him bought some goods through the internet in illegal
and unlawful way. While in March and April of 2001 they also hacked into other
person credit card with total amount of five million Indonesia Rupiah. However,
in the end they got caught by the Local Police just after they got a letter from The
Indonesian Ministry of Foreign Affairs and Interpol. According to the letter, there
are names of buyers of the goods, credit card that not recognized by the owner, at
that point the police tracks some service companies related to the crime, and
finally Petrus Sungkar and his colleagues got arrested by the authority.18

17
R.I., Undang-Undang Nomor 1 tahun 1946 tentang Peraturan Hukum Pidana.
18
Detiknews.com
Even though this case happen long way before the enactment of the ITE Law in
Indonesia, Petrus Sungkar and his three partner in crime may be violated the
Criminal Code, particularly the article 378 in which that this article described the
act of fraud (which include online scam at that time) as an action to gain benefit
for him or herself or others by way of against the law.

Conclusion
The internet may enlarge and opens the knowledge and information for the people
who responsible toward their action to it. Even more the younger generation may
be found very rare to study or gaining information physically, from the book for
instance because there is rather cheaper, easier, faster, and simpler alternative to
have it, and it called the internet. While on the other hand, the irresponsible person
may endanger themselves and others because of their irresponsibility towards the
internet, thus they may violate certain applicable law. This such action may be
known as “cybercrime”.

Cybercrime is a threat to the world that can cause a loss of life in an ever-
increasing attack, which can cause lot of losses. To prevent that, the government
around the world, especially in Indonesia may anticipate and prevent this new
kind of crime by generating the ITE Law which regulates all digital actions on the
internet or related to technology and information.
For instance, the Indonesian government formed such laws including The
Government Regulation number 82 of 2012 concerning the Implementation of
Electronic Systems and Transactions, Law number 19 of 2016 Amendment to Act
number 11 of 2008 concerning Electronic Information and Transactions, The
Regulation of Communication and Information Technology Ministry number 10
of 2015 concerning Procedures for Registration of Electronic Systems in the State
Administration, and The Regulation of Communication and Information
Technology Ministry number 7 of 2018.
The Indonesian law enforcer and its enforcement against the cybercrime is rather
ineffective, which on reality it does not provide a better way to deal with
cybercrime cases, on the contrary somewhat it even violated the ideas of
democracy, which highly respected freedom of speech of the people. The people
may felt limited by such strict, yet unclear and rubbery regulations and because of
that numerous of social media activists, especially the young one proclaimed that
the citizen of Indonesia are being restricted by the government.

Bibliography
Regulations

R.I., Undang-Undang Nomor 1 tahun 1946 tentang Peraturan Hukum Pidana.

R.I., Undang-Undang Nomor 11 Tahun 2008 tentang Informasi dan Transaksi

elektronik

R.I., Undang-Undang Nomor 19 Tahun 2016 tentang Perubahan Atas Undang-

Undang Nomor 11 Tahun 2008 tentang Informasi dan Transaksi Elektronik.

Books and Journals

Rosenau, J.N., 1995. Security in a turbulent world. Current History 94 (592)

Kshetri, Nir .,2005, ―Pattern of Global Cyber War and Crime: A Conceptual
Framework,‖ Journal of International Management,

Williams, P. 2001. Organized crime and cybercrime: synergies, trends, and

responses, 13 August, Office of International Information Programs, U.S.
Department of State, http://usinfo.state.gov.

Susan W. Brenner., (2001). Is There Such Thing as ‘Virtual Crime?’. California

Criminal Law Review, Vol. 4, No. 1

Pavan Dugal., (2002); ‘Cyber law The Indian Perspective’.

VIDYA PRAHASSACITTA., (2019), Konsep Kejahatan Siber Dalam Sistem Hukum

Indonenesia.,

Website
Kaspersky.com’,( Kaspersky, 2021) https://www.kaspersky.com/resource-
center/threats/what-is-cybercrime
https://www.techopedia.com/definition/25600/cyberlaw
https://www2.deloitte.com/id/en/pages/financial-advisory/articles/smes-
powering-indonesia-success-report.html
https://theconversation.com/cybersecurity-for-indonesia-what-needs-to-be-done-
114009