Cybercrime in Indonesia

Even if Indonesia has not ratified or signed the Convention on Cybercrime yet, officially Indonesia has implemented almost all cyber crime provisions set forth in the Convention. These provisions are set out in several articles in Law No. 11 Year 2008 on Information and Electronic Transaction. The seven provisions, among others; offense related to child pornography, illegal access, illegal interception, data interference, system 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 due 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 have been sufficiently set forth in the Law on Intellectual Property 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 Model Law and the EU Directives on such subjects. This is by virtue of the awareness of regulator about inevitable legal convergence of telecommunications, media, and informatics. By means 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 defined as ‘infiltrating or breaching 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. Wall which is ‘deliberate unauthorized access to spaces over which rights of ownership or access have already been established.’ Therefore, hacking can be incorporated into illegal access provisions. In the Article 30, there are three paragraphs that organize illegal access, inter alia; 1. ‘Setiap Orang dengan sengaja dan tanpa hak atau melawan hukum mengakses Komputer dan/atau