Indonesian Cybercrime Assessment and Prosecution: Implications for Criminal Law
Abstract:
In today’s era of globalization, cybercrimes have emerged as serious crimes which are inevitable by the government and other associated regulatory organizations. Therefore, in order to deal with the persistently increasing number of cybercrimes, different laws and regulations are formulated in Indonesia. This research focuses on the assessment and prosecution of cybercrimes in Indonesia, focusing on the implications of criminal law. For this purpose, qualitative legal research was conducted incorporating different primary as well as secondary data sources. The results obtained from this study showed that different laws and regulations have been developed and enacted in Indonesia to prevent and reduce the number of cybercrimes. In this regard, the provisions under the criminal law also play an important role in the prosecution of cybercrimes. Nevertheless, it is important to note that not all aspects of cybercrimes are currently governed by regulations. This highlights the need for the establishment and enforcement of a dedicated legal framework to address this issue. Furthermore, despite Indonesia's non-ratification of the "Convention for Cybercrimes," it has incorporated various provisions of the convention into its Law No. 11/2008, specifically pertaining to the "Information and Electronic Transactions" (IET). This study offers various recommendations aimed at enhancing the comprehensive legal framework pertaining to cybercrimes and their prevention.
Keyword:
Cybercrimes; Criminal Law; Indonesia; Prosecution; Information and Electronic Transactions