Legal Analysis of Criminal Responsibility for Hackers From The Perspective of Cyber Law In Indonesia

Cybercrime, especially hacking, is a major challenge in the digital era, especially when perpetrators operate across countries. This study analyzes the effectiveness of Law Number 11 of 2008 concerning Electronic Information and Transactions (UU ITE) in combating international hacking crimes and evaluating international cooperation in cyber law enforcement. Using a normative legal approach, this study shows that although the ITE Law provides a strong legal basis, its application to perpetrators abroad faces jurisdictional challenges, differences in legal systems, and limitations in international cooperation. Technical obstacles in identifying and prosecuting perpetrators are also significant. To overcome this problem, it is necessary to strengthen international cooperation through extradition agreements and mutual legal assistance (MLA), as well as participation in international conventions such as the Budapest Convention. Increasing the technical capacity of law enforcement officers is also important to strengthen law enforcement against transnational hacking crimes. This study concludes that legal arrangements in Indonesia need to be improved through regulatory reform and more effective international cooperation so that Indonesia can protect national interests in the increasingly complex digital era.

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Publication Details

Journal
JIHAD Jurnal Ilmu Hukum dan Administrasi
Published
2024-12-01
DOI
https://doi.org/10.58258/jihad.v6i4.7676
Primary Topic
Legal and Social Justice Studies
Type
article
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article

Legal Analysis of Criminal Responsibility for Hackers From The Perspective of Cyber Law In Indonesia

Tania Novelin, I Putu Edi Rusmana
JIHAD Jurnal Ilmu Hukum dan Administrasi
Legal and Social Justice Studies
article

Legal Analysis of Criminal Responsibility for Hackers From The Perspective of Cyber Law In Indonesia

Tania Novelin, I Putu Edi Rusmana
article en

Abstract

Cybercrime, especially hacking, is a major challenge in the digital era, especially when perpetrators operate across countries. This study analyzes the effectiveness of Law Number 11 of 2008 concerning Electronic Information and Transactions (UU ITE) in combating international hacking crimes and evaluating international cooperation in cyber law enforcement. Using a normative legal approach, this study shows that although the ITE Law provides a strong legal basis, its application to perpetrators abroad faces jurisdictional challenges, differences in legal systems, and limitations in international cooperation. Technical obstacles in identifying and prosecuting perpetrators are also significant. To overcome this problem, it is necessary to strengthen international cooperation through extradition agreements and mutual legal assistance (MLA), as well as participation in international conventions such as the Budapest Convention. Increasing the technical capacity of law enforcement officers is also important to strengthen law enforcement against transnational hacking crimes. This study concludes that legal arrangements in Indonesia need to be improved through regulatory reform and more effective international cooperation so that Indonesia can protect national interests in the increasingly complex digital era.

JIHAD Jurnal Ilmu Hukum dan AdministrasiVol. 6(4)
Udayana University (ID), University of National Education (ID)
Openalex Percentile: Top 52%
Legal and Social Justice Studies
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