Abstract- This study aims to describe sybercrime cases that have the potential to become criminal acts on social media that are closely related to
the ITE Law. The aim is to find out what actions have the potential to violate the ITe Law carried out on social media which are included in
cybercrime behavior. In addition, the author examines the effectiveness of this law in resolving criminal cases that occur on the internet, which
is so complex and has various modes. The method used in this research is qualitative by conducting a literature study. As a result, the
researchers found that the types of cyber crimes varied, ranging from hecking, spreading hoaxes, defamation, hate speech, and cases of
spreading pornography/immoral acts. Furthermore, this study observes that the ITE Law which is used as a legal instrument is still inadequate
considering the complexity of the problems that occur in cybercrime and modes of crime that accompany it.
- The document provides an overview of cyber laws and cyber crimes in India, outlining the Information Technology Act 2000 and its subsequent amendment in 2008 which established the primary laws governing cybercrimes.
- It describes how the Act defines key terms like "computer" and the scope of offenses covered under the law. It also discusses how the Act established procedures for adjudication of civil offenses and appeals.
- Major Acts in India like the Indian Penal Code, Indian Evidence Act, and Bankers' Books Evidence Act were also amended after the IT Act to recognize electronic records and better address cybercrimes.
- However, issues like territorial jurisdiction in cross-border cybercrimes are still not fully addressed under current
This document summarizes a research paper about violations of cybercrime and jurisdiction in Indonesia. It discusses how technological advances have enabled new forms of digital crime. It describes several types of cybercrimes such as unauthorized access, spreading viruses, hacking, and cyberterrorism. It also discusses Indonesia's laws regarding electronic information and cybercrime. The document analyzes some challenges around jurisdiction for cybercrimes that cross borders. It examines how Indonesia applies legal jurisdiction and sanctions to cybercrime perpetrators based on the location of the crime and perpetrator. It aims to explain how Indonesia's legal system will handle cybercrime cases and reduce such violations.
This document is a project report on cybercrime in the banking sector submitted by Praveen Singh Pokharia to the University of Lucknow. It contains an introduction that defines cybercrime and notes that cybercrime in banking involves crimes like ATM fraud, money laundering, and credit card fraud. It also provides an index of topics to be covered in the report such as the reasons for cybercrime, cybercriminals, cybercrime in the banking sector, case studies, and recent cases. The report aims to analyze cybercrime affecting the banking sector in India.
This document summarizes several sections of India's Information Technology Act related to data protection and cybercrime. Section 43 discusses corporate liability for data breaches if reasonable security practices were not followed. Section 65 covers tampering with computer source documents. Section 66 discusses hacking computers and networks. Section 66A establishes punishment for sending offensive messages online. Section 66B covers penalties for dishonestly receiving stolen electronic devices. Case studies provide examples of cases tried under these sections, such as companies moving operations due to data theft, manipulation of cell phone identifiers, and a juvenile charged for a vulgar website.
The document discusses cyber law and the Information Technology Act 2000. It defines cyber crime as any offence committed using a computer. The Act was passed in 2000 to regulate e-commerce, digital signatures, and e-governance. It covers 13 chapters and 90 sections dealing with electronic documents, digital signatures, data privacy, information security, and additional cyber crimes like child pornography and cyber terrorism. The document also outlines reasonable security practices organizations should follow and some key aspects of the Information Technology Act.
The document discusses freedom of expression and digital rights in Indonesia. It outlines how the government blocks websites through the TRUST+ database for content like pornography, but also inadvertently blocks other sites. It describes how civil society organizations (CSOs) in Indonesia advocate for digital rights and freedom of expression through legal advocacy, public awareness campaigns, and multi-stakeholder participation in internet governance. Specifically, it lists 10 current cases where individuals have faced legal issues for criticizing the government or reporting corruption online.
This document provides an overview of cyber crimes and relevant cases in India. It defines cyber crimes as illegal acts conducted using electronic means, targeting computer security or data. Several cases are described that demonstrate the application of sections of the Indian Penal Code and Information Technology Act related to unauthorized access, data tampering, identity theft, offensive online messages, privacy violations, and cyber terrorism. Penalties for convicted individuals have included imprisonment and fines.
Debasis Pandit, a student, was arrested for hacking into eBay India's website and stealing credit card information from over 700 users. Pandit used XSS scripting to access customers' payment details and purchase goods, which were delivered to an accomplice. Pandit and the accomplice were charged under sections of the Indian Penal Code and Information Technology Act for offenses including cheating, dishonestly inducing delivery of property, and sending information to harm a computer system. Cybercrime greatly impacts individuals, businesses, and national security. Increased public awareness, police training, cyber cells, and international cooperation are needed to effectively combat cybercrime.
- The document provides an overview of cyber laws and cyber crimes in India, outlining the Information Technology Act 2000 and its subsequent amendment in 2008 which established the primary laws governing cybercrimes.
- It describes how the Act defines key terms like "computer" and the scope of offenses covered under the law. It also discusses how the Act established procedures for adjudication of civil offenses and appeals.
- Major Acts in India like the Indian Penal Code, Indian Evidence Act, and Bankers' Books Evidence Act were also amended after the IT Act to recognize electronic records and better address cybercrimes.
- However, issues like territorial jurisdiction in cross-border cybercrimes are still not fully addressed under current
This document summarizes a research paper about violations of cybercrime and jurisdiction in Indonesia. It discusses how technological advances have enabled new forms of digital crime. It describes several types of cybercrimes such as unauthorized access, spreading viruses, hacking, and cyberterrorism. It also discusses Indonesia's laws regarding electronic information and cybercrime. The document analyzes some challenges around jurisdiction for cybercrimes that cross borders. It examines how Indonesia applies legal jurisdiction and sanctions to cybercrime perpetrators based on the location of the crime and perpetrator. It aims to explain how Indonesia's legal system will handle cybercrime cases and reduce such violations.
This document is a project report on cybercrime in the banking sector submitted by Praveen Singh Pokharia to the University of Lucknow. It contains an introduction that defines cybercrime and notes that cybercrime in banking involves crimes like ATM fraud, money laundering, and credit card fraud. It also provides an index of topics to be covered in the report such as the reasons for cybercrime, cybercriminals, cybercrime in the banking sector, case studies, and recent cases. The report aims to analyze cybercrime affecting the banking sector in India.
This document summarizes several sections of India's Information Technology Act related to data protection and cybercrime. Section 43 discusses corporate liability for data breaches if reasonable security practices were not followed. Section 65 covers tampering with computer source documents. Section 66 discusses hacking computers and networks. Section 66A establishes punishment for sending offensive messages online. Section 66B covers penalties for dishonestly receiving stolen electronic devices. Case studies provide examples of cases tried under these sections, such as companies moving operations due to data theft, manipulation of cell phone identifiers, and a juvenile charged for a vulgar website.
The document discusses cyber law and the Information Technology Act 2000. It defines cyber crime as any offence committed using a computer. The Act was passed in 2000 to regulate e-commerce, digital signatures, and e-governance. It covers 13 chapters and 90 sections dealing with electronic documents, digital signatures, data privacy, information security, and additional cyber crimes like child pornography and cyber terrorism. The document also outlines reasonable security practices organizations should follow and some key aspects of the Information Technology Act.
The document discusses freedom of expression and digital rights in Indonesia. It outlines how the government blocks websites through the TRUST+ database for content like pornography, but also inadvertently blocks other sites. It describes how civil society organizations (CSOs) in Indonesia advocate for digital rights and freedom of expression through legal advocacy, public awareness campaigns, and multi-stakeholder participation in internet governance. Specifically, it lists 10 current cases where individuals have faced legal issues for criticizing the government or reporting corruption online.
This document provides an overview of cyber crimes and relevant cases in India. It defines cyber crimes as illegal acts conducted using electronic means, targeting computer security or data. Several cases are described that demonstrate the application of sections of the Indian Penal Code and Information Technology Act related to unauthorized access, data tampering, identity theft, offensive online messages, privacy violations, and cyber terrorism. Penalties for convicted individuals have included imprisonment and fines.
Debasis Pandit, a student, was arrested for hacking into eBay India's website and stealing credit card information from over 700 users. Pandit used XSS scripting to access customers' payment details and purchase goods, which were delivered to an accomplice. Pandit and the accomplice were charged under sections of the Indian Penal Code and Information Technology Act for offenses including cheating, dishonestly inducing delivery of property, and sending information to harm a computer system. Cybercrime greatly impacts individuals, businesses, and national security. Increased public awareness, police training, cyber cells, and international cooperation are needed to effectively combat cybercrime.
This document summarizes sections of the Indian Information Technology Act relating to data protection, hacking, and cyber crimes. It discusses sections that deal with compensation for corporate negligence that results in data loss, tampering with computer source code, hacking, sending offensive messages online, and dishonestly receiving stolen electronic devices. Case studies are provided for each section to illustrate how related legal cases have been handled. The document aims to explain the IT Act and associated punishments around these cyber issues.
Corporate role in protecting consumers from the risk of identity theftIJCNCJournal
The Internet has made it possible for users to be robbed of their reputation, money and credit worthiness by
the click of a mouse. The impact of identity theft severely limits victims’ ability to participate in commerce,
education and normal societal functions. This paper evaluates resurgence in syndicated cyber attacks,
which includes but not limited to identity theft, corporate espionage and cyber warfare taking advantage of
the Internet as a medium of operations. The paper highlights the increase of cyber related attacks in the
past ten years due to lack of transatlantic international corporation between participating countries,
coherent information security policies, data aggregation and sound international laws to facilitate
prosecution of perpetrators. The cyber space coupled with availability of free hacking tools has contributed
to resurgence in syndicated identity theft, corporate espionage and identity theft by organized crime
elements taking advantage of the Internet as a medium of operations. This paper presents conclusive
solution that users, organizations and consumers can enact to protect themselves from the threat of cyber
attacks culminating into identity theft, financial loss or both.
The Authority of Government in Clearing Hatefull and Hostilities Electronic I...IJECEIAES
The Act Number 19 of 2016 concerning the amendment of The Act Number 11 of 2008 concerning Information and Electronic Transaction governing the authority of government in clearing hateful and hostilities electronic information based on tribe, religion, race and intergroup. On the one hand, the government authority aims to protect the public interest and the integrity of the nation, but on the other hand, termination of access to information would restrict the right to freedom of opinion and the right to privacy of Internet users. This study was a normative legal research, which examined the basic authority for the government to shut down negative content in cyberspace. Legal materials were collected through library research. The analysis was conducted qualitatively. This study examined three issues, namely; spreading hatred and hostility in cyberspace, legality government to close the spreading hatred and hostility and electronic evidence in spreading hatred and hostility. Spreading hatred and hostility were criminal acts that used the Internet as facilities. Internet was used by extremists to disseminate his teachings, even being used to commit acts of terrorism (cyber terrorism). In maintaining the unity and integrity, then the government had the authority to shut down access to the unlawful electronic system. The closure should be accompanied by proof of electronic information that contains hatred and hostility based on tribe, religion, race and intergroup.
The document discusses cybercrime in Bangladesh. It provides an overview of the history of cybercrime, common types of cybercrimes, cyber laws in Bangladesh and other countries, and cybersecurity technologies. It notes that cybercrime is increasing in Bangladesh, with most victims being women aged 15-25 facing cyber harassment. While law enforcement is trying to tackle the problem, the conviction rate for cybercrime in Bangladesh is only 3%. The document calls for recommendations to address cybercrime and increase cybersecurity.
This document discusses cyber crime and provides definitions and classifications of both conventional and cyber crimes. It begins by defining conventional crime and noting that crime has always been a part of human society. It then defines cyber crime, noting that a computer can be either a tool or target of criminal activity. Various types of cyber crimes are outlined such as those involving financial crimes, pornography, intellectual property crimes, and hacking. Prevention and security measures to address cyber crime are also discussed such as user access controls, firewalls, intrusion detection systems, and response mechanisms.
Our team presenting Cyber laws in India in brief and and what are the penalties and fines under different sections applicable under IT Act 2000 and IPC act.
Civil Liability on the Internet discusses the increasing harms caused by internet fraud, defective software, and failure to secure online data. It argues that traditional negligence principles can and should be applied to intermediaries like internet service providers and websites to allocate liability for cyber harms. However, successfully bringing a negligence claim is challenging due to issues like economic loss rules and safe harbors for intermediaries in laws like the Communications Decency Act. The common law will need to continue evolving to address unremedied online consumer injuries.
This document provides an overview of cyber crime in Bangladesh. It begins with definitions of cyber crime and discusses the history and differences between cyber crime and traditional crime. It then outlines the past, present, and types of cyber crime prevalent in Bangladesh, including recent incidents like the Bangladesh Bank heist. The document also discusses the country's laws related to cyber crime and the importance of cyber security. It provides information on where victims can get help and how to identify cyber crimes and protect against them.
This document provides an overview of digital crimes and cybersecurity issues on a global scale. It discusses the large economic costs of digital crimes to nations and organizations, provides several case studies of significant cyber attacks and data breaches, and outlines types of digital crimes committed against governments, organizations, property, society, and individuals. The case studies illustrate how digital criminals have used viruses, spoofing, hacking, data theft, and other techniques to inflict major impacts. Overall, the document examines the changing nature of crimes in the digital age and some of the most serious cybersecurity incidents occurring worldwide.
Cybercrime encompasses criminal acts committed using computers and networks. The document discusses the origin, methodology, and impact of cybercrime on individuals, organizations, and society. It provides reasons for cybercrime such as taking advantage of opportunities, accessibility of large amounts of data in one place, and lack of monitoring. Specific details are given about the prevalence and types of cybercrime in Bangladesh, sources of information about cybercrime, and the Cyber Appellate Tribunal established to hear appeals related to cybercrime cases. The Bangladesh Bank heist is also mentioned.
Cybercrime involves any illegal activity carried out through computers or online. This document discusses several sections of the Indian Penal Code related to cybercrime and provides case studies to illustrate how the courts have applied each section. Several cases involved unauthorized access to steal financial information, creating fake online profiles, sending hoax emails about bombs, and circulating private videos without consent. The courts interpreted these acts as violating sections around unauthorized access, tampering with data, computer-related offenses, identity theft, privacy violations, and the new section related to cyber terrorism.
This document discusses cybercrime in Iraq. It begins with definitions of cybercrime and various types of cybercrimes such as hacking, theft, cyber stalking, and identity theft. It then analyzes cybercrime statistics and cases in Iraq between 2006-2011, finding that cases increased by an average of 246.2% annually. Common cybercrime types in Iraq are discussed, with many cases involving social media sites like Facebook. The document also examines cybercrime legislation in Middle Eastern countries and discusses the emerging threat of cyber terrorism from ISIS and their online recruitment efforts.
Edward Snowden leaked documents revealing the NSA was conducting mass surveillance programs like PRISM to collect data on American and foreign citizens. This raised debates on privacy violations versus national security. The document argues mass surveillance is justified for precautionary reasons in dealing with cyber threats from non-state actors and hostile states that exploit ambiguity. It also claims targeted surveillance would be ineffective given how cyber attacks can emerge from anywhere without links to sponsors. While revealing secret programs, mass surveillance has been publicly known and legally permitted for decades through laws like the Patriot Act.
The document discusses cyber laws in Pakistan. It provides an overview of two key pieces of legislation: the Electronic Transaction Ordinance of 2002, which recognized electronic documentation and established rules around digital signatures; and the Electronic/Cyber Crime Bill of 2007, which defined 17 types of cyber crimes and assigned punishments including imprisonment and fines. It also presents some statistics on cyber crimes reported in Pakistan and globally.
DEFAMATION IN SOCIAL MEDIA (CYBER DEFAMATION) LEGAL PERSPECTIVE IN TANZANIABenedict Ishabakaki
This quarter Victory attorney & Consultants, we provide an overview of the cyber defamation in Tanzania, the legal perspective, remedy available and our recommendations
Defamation & Online Defamation; Why Internet for Defamation; Legislations related to defamatory; Freedom of Speech; Freedom of Speech under International Conventions and its limitation; Freedom of Speech under Federal Constitution of Malaysia and its limitation; Freedom of speech in Internet and Cyber Harassment; Instances of online defamation; Internet Content Regulation and Censorship.
Recommendation & Conclusion.
This document discusses cyber crimes and relevant cases in India related to sections of the Information Technology Act 2000. It begins by explaining that cyber crime is not officially defined but refers to illegal behavior using electronic means that targets computer security or data. The document then presents several case studies corresponding to specific sections of the IT Act, including cases related to unauthorized access, tampering with source code, computer hacking, identity theft, cheating by impersonation, privacy violations, and cyber terrorism.
Makalah cyber crime dalam Bahasa Inggris dan Indonesiakorneliszalukhu
The document summarizes a case of alleged cyberstalking between two individuals, Antarestawati and Khoiriatul Masruroh, in Malang, Indonesia. Antarestawati, a doctor, uploaded a photo of Khoiriatul to a WhatsApp group along with a caption implying she was a prostitute. Feeling harassed, Khoiriatul reported the matter to police. Under Indonesia's ITE Law, Antarestawati faced up to 6 months in prison or a fine for violating decency and defamation. Both parties later reconciled and withdrew the complaint after signing a letter and paying a fine. The document also provides background on cybercrime and cyberstalk
This document provides an introduction to cyber law. It discusses how the internet and technology have evolved over time to connect people to information and each other. It also notes some of the risks that have emerged with technology, such as cyber crimes. The document then defines cyberspace and discusses some key aspects of it, such as its lack of boundaries and potential for anonymity. It concludes by outlining some penalty provisions under cyber law for offenses related to unauthorized access and harming computers/networks.
The document summarizes cyber laws in Pakistan, including an overview of cyber crimes, the emergence of cyber crimes, types of cyber crimes and their targets. It also discusses Pakistan's cyber law conventions, including the Electronic Transaction Ordinance of 2002, the Electronic Crime Bill of 2007, and the Electronic Crime Act of 2015. The laws establish punishments for various cyber crimes such as cyber terrorism, data damage, and electronic fraud.
The document discusses pros and cons of cybercrime. It provides definitions of cybercrime as criminal activities conducted online using computers to harm others, such as hacking, stealing personal or business information, or distributing viruses. Cybercrime can threaten individuals, national security, and financial systems. Common cybercrimes mentioned include illegal file downloading, stealing money from bank accounts, and creating/distributing viruses. The document also discusses punishments under Pakistani law for various cybercrimes such as fines and imprisonment.
A Case Study On Facebook Data Theft In IndonesiaHeather Strinden
This document summarizes a case study on the theft of Facebook user data in Indonesia. It discusses how in 2013, a Cambridge University researcher created a personality quiz app that obtained data from 300,000 Facebook users and some of their friends' data as well. In 2015, Facebook learned the researcher had shared the data with Cambridge Analytica without deleting it as promised. This impacted around 87 million Facebook users globally, including over 1 million Indonesian users. The document examines Indonesian privacy regulations and experts' opinions on the incident. It finds that while Indonesia's privacy laws are sufficient, the government needs to take stronger action to protect citizens' data and educate people on digital privacy issues.
This document summarizes sections of the Indian Information Technology Act relating to data protection, hacking, and cyber crimes. It discusses sections that deal with compensation for corporate negligence that results in data loss, tampering with computer source code, hacking, sending offensive messages online, and dishonestly receiving stolen electronic devices. Case studies are provided for each section to illustrate how related legal cases have been handled. The document aims to explain the IT Act and associated punishments around these cyber issues.
Corporate role in protecting consumers from the risk of identity theftIJCNCJournal
The Internet has made it possible for users to be robbed of their reputation, money and credit worthiness by
the click of a mouse. The impact of identity theft severely limits victims’ ability to participate in commerce,
education and normal societal functions. This paper evaluates resurgence in syndicated cyber attacks,
which includes but not limited to identity theft, corporate espionage and cyber warfare taking advantage of
the Internet as a medium of operations. The paper highlights the increase of cyber related attacks in the
past ten years due to lack of transatlantic international corporation between participating countries,
coherent information security policies, data aggregation and sound international laws to facilitate
prosecution of perpetrators. The cyber space coupled with availability of free hacking tools has contributed
to resurgence in syndicated identity theft, corporate espionage and identity theft by organized crime
elements taking advantage of the Internet as a medium of operations. This paper presents conclusive
solution that users, organizations and consumers can enact to protect themselves from the threat of cyber
attacks culminating into identity theft, financial loss or both.
The Authority of Government in Clearing Hatefull and Hostilities Electronic I...IJECEIAES
The Act Number 19 of 2016 concerning the amendment of The Act Number 11 of 2008 concerning Information and Electronic Transaction governing the authority of government in clearing hateful and hostilities electronic information based on tribe, religion, race and intergroup. On the one hand, the government authority aims to protect the public interest and the integrity of the nation, but on the other hand, termination of access to information would restrict the right to freedom of opinion and the right to privacy of Internet users. This study was a normative legal research, which examined the basic authority for the government to shut down negative content in cyberspace. Legal materials were collected through library research. The analysis was conducted qualitatively. This study examined three issues, namely; spreading hatred and hostility in cyberspace, legality government to close the spreading hatred and hostility and electronic evidence in spreading hatred and hostility. Spreading hatred and hostility were criminal acts that used the Internet as facilities. Internet was used by extremists to disseminate his teachings, even being used to commit acts of terrorism (cyber terrorism). In maintaining the unity and integrity, then the government had the authority to shut down access to the unlawful electronic system. The closure should be accompanied by proof of electronic information that contains hatred and hostility based on tribe, religion, race and intergroup.
The document discusses cybercrime in Bangladesh. It provides an overview of the history of cybercrime, common types of cybercrimes, cyber laws in Bangladesh and other countries, and cybersecurity technologies. It notes that cybercrime is increasing in Bangladesh, with most victims being women aged 15-25 facing cyber harassment. While law enforcement is trying to tackle the problem, the conviction rate for cybercrime in Bangladesh is only 3%. The document calls for recommendations to address cybercrime and increase cybersecurity.
This document discusses cyber crime and provides definitions and classifications of both conventional and cyber crimes. It begins by defining conventional crime and noting that crime has always been a part of human society. It then defines cyber crime, noting that a computer can be either a tool or target of criminal activity. Various types of cyber crimes are outlined such as those involving financial crimes, pornography, intellectual property crimes, and hacking. Prevention and security measures to address cyber crime are also discussed such as user access controls, firewalls, intrusion detection systems, and response mechanisms.
Our team presenting Cyber laws in India in brief and and what are the penalties and fines under different sections applicable under IT Act 2000 and IPC act.
Civil Liability on the Internet discusses the increasing harms caused by internet fraud, defective software, and failure to secure online data. It argues that traditional negligence principles can and should be applied to intermediaries like internet service providers and websites to allocate liability for cyber harms. However, successfully bringing a negligence claim is challenging due to issues like economic loss rules and safe harbors for intermediaries in laws like the Communications Decency Act. The common law will need to continue evolving to address unremedied online consumer injuries.
This document provides an overview of cyber crime in Bangladesh. It begins with definitions of cyber crime and discusses the history and differences between cyber crime and traditional crime. It then outlines the past, present, and types of cyber crime prevalent in Bangladesh, including recent incidents like the Bangladesh Bank heist. The document also discusses the country's laws related to cyber crime and the importance of cyber security. It provides information on where victims can get help and how to identify cyber crimes and protect against them.
This document provides an overview of digital crimes and cybersecurity issues on a global scale. It discusses the large economic costs of digital crimes to nations and organizations, provides several case studies of significant cyber attacks and data breaches, and outlines types of digital crimes committed against governments, organizations, property, society, and individuals. The case studies illustrate how digital criminals have used viruses, spoofing, hacking, data theft, and other techniques to inflict major impacts. Overall, the document examines the changing nature of crimes in the digital age and some of the most serious cybersecurity incidents occurring worldwide.
Cybercrime encompasses criminal acts committed using computers and networks. The document discusses the origin, methodology, and impact of cybercrime on individuals, organizations, and society. It provides reasons for cybercrime such as taking advantage of opportunities, accessibility of large amounts of data in one place, and lack of monitoring. Specific details are given about the prevalence and types of cybercrime in Bangladesh, sources of information about cybercrime, and the Cyber Appellate Tribunal established to hear appeals related to cybercrime cases. The Bangladesh Bank heist is also mentioned.
Cybercrime involves any illegal activity carried out through computers or online. This document discusses several sections of the Indian Penal Code related to cybercrime and provides case studies to illustrate how the courts have applied each section. Several cases involved unauthorized access to steal financial information, creating fake online profiles, sending hoax emails about bombs, and circulating private videos without consent. The courts interpreted these acts as violating sections around unauthorized access, tampering with data, computer-related offenses, identity theft, privacy violations, and the new section related to cyber terrorism.
This document discusses cybercrime in Iraq. It begins with definitions of cybercrime and various types of cybercrimes such as hacking, theft, cyber stalking, and identity theft. It then analyzes cybercrime statistics and cases in Iraq between 2006-2011, finding that cases increased by an average of 246.2% annually. Common cybercrime types in Iraq are discussed, with many cases involving social media sites like Facebook. The document also examines cybercrime legislation in Middle Eastern countries and discusses the emerging threat of cyber terrorism from ISIS and their online recruitment efforts.
Edward Snowden leaked documents revealing the NSA was conducting mass surveillance programs like PRISM to collect data on American and foreign citizens. This raised debates on privacy violations versus national security. The document argues mass surveillance is justified for precautionary reasons in dealing with cyber threats from non-state actors and hostile states that exploit ambiguity. It also claims targeted surveillance would be ineffective given how cyber attacks can emerge from anywhere without links to sponsors. While revealing secret programs, mass surveillance has been publicly known and legally permitted for decades through laws like the Patriot Act.
The document discusses cyber laws in Pakistan. It provides an overview of two key pieces of legislation: the Electronic Transaction Ordinance of 2002, which recognized electronic documentation and established rules around digital signatures; and the Electronic/Cyber Crime Bill of 2007, which defined 17 types of cyber crimes and assigned punishments including imprisonment and fines. It also presents some statistics on cyber crimes reported in Pakistan and globally.
DEFAMATION IN SOCIAL MEDIA (CYBER DEFAMATION) LEGAL PERSPECTIVE IN TANZANIABenedict Ishabakaki
This quarter Victory attorney & Consultants, we provide an overview of the cyber defamation in Tanzania, the legal perspective, remedy available and our recommendations
Defamation & Online Defamation; Why Internet for Defamation; Legislations related to defamatory; Freedom of Speech; Freedom of Speech under International Conventions and its limitation; Freedom of Speech under Federal Constitution of Malaysia and its limitation; Freedom of speech in Internet and Cyber Harassment; Instances of online defamation; Internet Content Regulation and Censorship.
Recommendation & Conclusion.
This document discusses cyber crimes and relevant cases in India related to sections of the Information Technology Act 2000. It begins by explaining that cyber crime is not officially defined but refers to illegal behavior using electronic means that targets computer security or data. The document then presents several case studies corresponding to specific sections of the IT Act, including cases related to unauthorized access, tampering with source code, computer hacking, identity theft, cheating by impersonation, privacy violations, and cyber terrorism.
Makalah cyber crime dalam Bahasa Inggris dan Indonesiakorneliszalukhu
The document summarizes a case of alleged cyberstalking between two individuals, Antarestawati and Khoiriatul Masruroh, in Malang, Indonesia. Antarestawati, a doctor, uploaded a photo of Khoiriatul to a WhatsApp group along with a caption implying she was a prostitute. Feeling harassed, Khoiriatul reported the matter to police. Under Indonesia's ITE Law, Antarestawati faced up to 6 months in prison or a fine for violating decency and defamation. Both parties later reconciled and withdrew the complaint after signing a letter and paying a fine. The document also provides background on cybercrime and cyberstalk
This document provides an introduction to cyber law. It discusses how the internet and technology have evolved over time to connect people to information and each other. It also notes some of the risks that have emerged with technology, such as cyber crimes. The document then defines cyberspace and discusses some key aspects of it, such as its lack of boundaries and potential for anonymity. It concludes by outlining some penalty provisions under cyber law for offenses related to unauthorized access and harming computers/networks.
The document summarizes cyber laws in Pakistan, including an overview of cyber crimes, the emergence of cyber crimes, types of cyber crimes and their targets. It also discusses Pakistan's cyber law conventions, including the Electronic Transaction Ordinance of 2002, the Electronic Crime Bill of 2007, and the Electronic Crime Act of 2015. The laws establish punishments for various cyber crimes such as cyber terrorism, data damage, and electronic fraud.
The document discusses pros and cons of cybercrime. It provides definitions of cybercrime as criminal activities conducted online using computers to harm others, such as hacking, stealing personal or business information, or distributing viruses. Cybercrime can threaten individuals, national security, and financial systems. Common cybercrimes mentioned include illegal file downloading, stealing money from bank accounts, and creating/distributing viruses. The document also discusses punishments under Pakistani law for various cybercrimes such as fines and imprisonment.
A Case Study On Facebook Data Theft In IndonesiaHeather Strinden
This document summarizes a case study on the theft of Facebook user data in Indonesia. It discusses how in 2013, a Cambridge University researcher created a personality quiz app that obtained data from 300,000 Facebook users and some of their friends' data as well. In 2015, Facebook learned the researcher had shared the data with Cambridge Analytica without deleting it as promised. This impacted around 87 million Facebook users globally, including over 1 million Indonesian users. The document examines Indonesian privacy regulations and experts' opinions on the incident. It finds that while Indonesia's privacy laws are sufficient, the government needs to take stronger action to protect citizens' data and educate people on digital privacy issues.
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Globalization has made the use of computer to grow drastically over the years. More people from different parts of the world are coming closer to one another through computers. The World Wide Web has enabled this phenomenon to be possible, but also, it has led to the emergence of cyber crimes. Although law enforcement agencies have come up with security policies, the number of crimes related to computer theft and hacking is still alarming
Operation Noah's Ark is a firm and proud supporter in assisting in the regulating Cyber Terrorism we have a O% tolerance to this types of activities among those who are involved in these acts.
This document discusses cybercrime and how to prevent becoming a victim. It begins by explaining why we should be aware of cybercrime given our increasing online activities. The objectives are then outlined as providing awareness of cybercrime, recognizing methods, understanding cyber laws, and learning to avoid victimization. Various types of cybercrime are defined including those against persons, property, and government. Examples like phishing, hacking, and cyber terrorism are described. The history of cybercrime in India involves many website hacks and defacements. Laws are still lacking to fully address cybercrime. Awareness, security software, and caution are recommended for protection.
This document discusses cybercrime and provides information to help prevent people from becoming victims. It defines cybercrime as illegal activities committed online and categorizes cybercrimes as those against persons, property, or government. Examples of cybercrimes include hacking, phishing, spam, and spreading malware. The document notes that India experiences many cybercrimes related to fraud and hacking of websites. It emphasizes that awareness, using security software, and practicing caution online can help protect against cybercrime.
This document provides a research progress report for Rahul Jain from January to June 2023. It summarizes his coursework, assignments completed, literature reviewed, and proposed research plan. Rahul is pursuing a PhD in law at Bennett University under the supervision of Dr. Suvir Kapur and Dr. Bhabani Sonowal. His proposed thesis topic is on cyber crimes against children and the impact of technological advancement. The report outlines his hypothesis, research questions, objectives, and proposed chapter structure. It also lists assignments completed during coursework and an extensive literature review conducted. Rahul's tentative research plan is to continue literature review, publish an article, present research papers, and attend conferences.
RECOMMENDATIONS AND LESSONS FROM OTHER JURISDICTIONS TO ENHANCE THE EFFECTIV...Vishni Ganepola
When compared with certain other jurisdictions, Sri Lankan legal framework on cyber-crimes is much effective. Yet, there is much potential for it to develop into a more effective legal framework. The chapter suggested certain measures that can be implemented to national level as well as in international level to provide for the irregularities that exist in system while giving examples from few main jurisdictions. Legal measures in order to identify existing and new offences, to provide interpretations for undefined yet commonly used terms and measures to implement lenient measures in relation to admissibility of computer evidence were suggested while social measures to increase public awareness and IT literacy and measures to provide required training expertise to investigators were also suggested. Base of ICT Law is technology. Therefore, answers to certain irregularities could also be found through technology. Thus, technical measures such as implementing national encryption policy and monitoring and surveillance system were recommended. Recommendations were proposed for the international community on how to enhance mutual legal assistance and on empowering international criminal justice system on cyber-crimes.
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Fraud using SMS short message services is usually carried out by perpetrators by sending SMS to random recipients using a send to many system more than one recipient of the message or some kind of broadcast message. Then the perpetrator waits for several responses which are then followed up with lies and ruses so that the victim transfers some money. A crime that is still a complex problem is that criminals use SMS as a medium to find victims with the mode of asking the victim to transfer a certain amount of money with certain tricks until the potential victim actually follows the perpetrators wishes. Based on this description, the authors found problems in this research, namely legal arrangements regarding the criminal act of fraud through the transfer of funds in Indonesia, law enforcement against the crime of fraud through the transfer of funds at the Medan Polrestabes. The purpose of the study is to find out the legal arrangements regarding the criminal act of fraud through the transfer of funds in Indonesia, to find out law enforcement against the crime of fraud through the transfer of funds at the Medan Polrestabes. The research method used is normative juridical research positive law , data collection techniques are conducting library research by reading books, scientific works, legislation, lecture materials, as well as through internet media websites , field research by conducting interviews with The related party is the Medan City Resort Police. From the results of the research conducted, the authors conclude that the legal regulation regarding the criminal act of fraud through the transfer of funds in Indonesia is Article 378 of the Criminal Code, the threat of which is a maximum of 4 years in prison, Article 28 paragraph 1 of Law Number 19 of 2016 concerning Amendments to Laws Law Number 11 of 2008 concerning Information and Electronic Transactions, Article 82 of Law Number 11 of 2011 concerning Transfer of Funds, imprisonment for a maximum of 4 four years and or a fine of a maximum of Rp. 1,000,000,000.00 one billion rupiahs . Law enforcement against criminal acts of fraud through transfer of funds at the Medan Polrestabes conducted an investigation into SMS media fraud with the mode of transfer of funds, officers immediately asked for the perpetrators data to find out the identity of the perpetrator. Investigators study the traces left by the perpetrators, complete the facilities and infrastructure at the Medan Besar City Resort Police such as cyber tools and improve the ability of members related to technology understanding. The next legal process is the trial process. H. Lawali Hasibuan | Alvin Hamzah "Law Enforcement against the Crime of Fraud through Funds Transfer (Study at Polrestabes Medan)" Published in International Journal of Trend in Scientific Research and Development (ijtsrd), ISSN: 2456-6470, Volume-6 | Issue-7 , December 2022, URL: https://www.ijtsrd.com/papers/ijtsrd52473.pdf Paper URL: https://www.ijtsrd.com/other-s
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Capstone project for a 12-week online course with the International Association of Crime Analysts. My topic was on how crime and intelligence analysts are using open source intelligence (OSINT) to investigate Internet crime.
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Indah sari publikasi artikel ilmiah
1. International Journal of Scientific and Research Publications, Volume 11, Issue 9, September 2021 400
ISSN 2250-3153
This publication is licensed under Creative Commons Attribution CC BY.
http://dx.doi.org/10.29322/IJSRP.11.09.2021.p11747 www.ijsrp.org
Cybercrime As a Potential Criminal Act of Violation
the ITE Law on Social Media: A Forensic Linguistic
Study in Indonesia
Indah Sari*, Prof. Dr. Zamzani**
indahsari.2020@student.uny.ac.id*, zamzani_55@yahoo.com**
Language and Arts Education, Yogyakarta State University, Indonesia
DOI: 10.29322/IJSRP.11.09.2021.p11747
http://dx.doi.org/10.29322/IJSRP.11.09.2021.p11747
Abstract- This study aims to describe sybercrime cases that have the potential to become criminal acts on social media that are closely related to
the ITE Law. The aim is to find out what actions have the potential to violate the ITe Law carried out on social media which are included in
cybercrime behavior. In addition, the author examines the effectiveness of this law in resolving criminal cases that occur on the internet, which
is so complex and has various modes. The method used in this research is qualitative by conducting a literature study. As a result, the
researchers found that the types of cyber crimes varied, ranging from hecking, spreading hoaxes, defamation, hate speech, and cases of
spreading pornography/immoral acts. Furthermore, this study observes that the ITE Law which is used as a legal instrument is still inadequate
considering the complexity of the problems that occur in cybercrime and modes of crime that accompany it.
Indeks Terms- cybercrime, social media, ITE Law, forensic linguistic
I Introduction
The development of increasingly advanced technology and information provides convenience in various activities of the world
community, including the people of Indonesia. Today, technological developments, especially internet technology, have succeeded in providing
effectiveness and efficiency to the Indonesian people. This creates a condition where the association between individuals or groups becomes
unlimited. Furthermore, space and time are becoming more and more open, so that even the boundaries between countries are becoming
increasingly borderless. In fact, all of the these are positive benefits of technology for the lives of Indonesia people.
The rapid development of internet technology has also changed the social behavior of Indonesia people. Although the development of
internet technology has succeeded in having a positive impact, however, the development of internet technology also has a negative impact on
the people of Indonesia. One of these negative impact is making the internet a means of committing crimes, which became known as internet
crimes or cybercrime (Amirullah, 2011: 1). Besides being known as cybercrime, it is also known as computer-related crime, which is a type of
community crime committed in cyberspace or the internet through computer faciities. For example, by cheating, deceiving the public, breaking
into other people’s accounts, or by randomizing a country’s information system. Enggarani (2012: 151) stated that this action was carried out by
a handful of people who used it for their own interest but harmed others. In fact, in some cases, this type of crime has the potential to cause
greater harm to its victims than conventional or traditional types of crime. Such as theft through hacking mode or fraud on social media.
Crime events that occur in cyberspace are increasing from time to time. In fact, the modes of crime are increasingly diverse. Starting from
the spread of false news (hoax), defamation, hate speech, online fraud, cyberbullying, invasion of privacy, and others. In this case, cybercrime
cases are often discussed in forensic lingustics study. According to Coulthard and Johnson (2010) and Gibbon and Turell (2008), forensic
linguistics is a lignuistic disipline consisting of two combinations of diciplines, namely linguistics and law.
Based on the opinion of the researcher, the researcher found nine types of cyber crimes: first, hacking, namely by breaking into the bank
security system (bank security system), or by breaking into customer (user) passwords. Perpetrators of this type of crime are alson called
hackers, namely people who have good computer skills, but are used for negative purposes; second, is Cracking, which is a crime by peeking at
bank customer deposits, which then informs hackers. The culprit is also called a craker. This person does not only come from outside the
institution, but is also ussually carried out by internal parties themselves or employees in a financial institution. The mode is by providing leaked
information on custumers who have large balances; third, facing, namely by creating and changing other party’s website pages. This mode is
solely to annoy and show the perpetrator’s abilites; fourth, Carding, which is a fraud mode by using the number and identity of a of another
person obtained in an illegal way. For example, selling goods through the internet at low prices, but after the consumer makes a payment he
never send the goods, because the goods he sells are only fictitious. The perpetrators of information of this crime are also called carders; fifth,
faud, which is a type ofcrime through manipulating information with the aim of obtaining benefits from other parties. The mode is like fictitious
auction site; sixth, is Spamming, namely sending news information or advertisements via email. Another word for spam is garbage, because the
perpetrator intentionally sends unwanted information and is requested by the account owner, and even more than that to certain information in
the form adverstisements or letters that are (as if) official, but are only used for fraudulent purposes; seventh, is Cyber Pornography, namely the
distribution of pornographic videos through the internet; eighth, Online Bambing, which is a for of gambling crime that is carried out online;
ninth, is a hoax, which is deliberately spreading false information which then disturbs the public. This information is usually produced by
someone, either intentionally, in social media and then reproduced by the media.
Crime through the internet today has created a legal aspect which is then called a cyber legal regime which includes: administrative, civil,
and criminal law. The thrre general areas of cyber law are known as cyberlaw. In the aspect of criminal law, the scope of cyber is very broad,
covering material criminal law, formal criminal law and harvesting law (Widodo, 2013: vi). In Indonesia, the cyber law regime is a new study so
it needs to be continueously disseminated, both to law enforcers and to all Indonesian people.
Based on clear commerce data in 2002, Indonesia is ranked 2nd in the world after Ukraine for carder crimes. According to Anton Taba,
expert Staff of the National Police Chief, in 2009 Indonesia was ranked first as the country of foreign of carders, and in 2011 Indonesia was
ranked 11th ad the country with the most copyright piracy. In fact, in 2004 ago, the crime of dedacing (defacing crime) attacked the website of a
2. International Journal of Scientific and Research Publications, Volume 11, Issue 9, September 2021 401
ISSN 2250-3153
This publication is licensed under Creative Commons Attribution CC BY.
http://dx.doi.org/10.29322/IJSRP.11.09.2021.p11747 www.ijsrp.org
state institution, the General Election Commision. Therefore, to overcome the problems of this crime, the government made regulations in the
form of law (UU) namely Information and Eletronic Transaction (UU ITE) No. 11 of 2008 and updated through Law No. 19 of 2016.
Hoax crime incidents in recent years in Indonesia show an increasing graph that has attracted the most public or public attention. The
perpetrators do not recognize age, status and social class. Especially when Indonesia is entering a year of political battles, the general election-
election of legislative candidates and the 2019 presidential election. Hoax information is used as a weapon or maneuver for political actors and
people who have political interest. This maneuver is seen as one of the powerfull tools to lead public opinion. How not, with the ease of sharing
information through social media, one news story can be read by millions of people in a relatively very short time. Moreover, the information
has the ease of being reproduced continuously.
There are two examples of cases that have shocked the public, even involving the elite and political actors in this country. They both
ended up in prison. First, is the case Jonro, Jon Riah Umar Ginting, in August 2017 which was reported by Muannas Alaidin to the Metro Jaya
Police Headquartersm for spreading false news on his facebook. As a result, the panel of judges at the East Jakarta District Court Sentenced
Jonro to 1.5 (one and a half) years for his actions which were proven to spread alse news in his last three uplouds. Second, the incident of lies
spread by Ratna Sarumpaet. The lie that Ratna committed in September 2018 was initially only limited within her family that the bruises on her
face were due to the persecution of a certain unknown group. This lie was then told to the media and then reproduced continuously by the media
until the whole country became noisy. As a result, Ratna, like Jonro, had to accept the coldness of the prison floor. Thes two cases, both by
Jonru and by Ratna, were deemed to have violated Law No. 19 of 2016 articles 1 and 2 changes from ITE Law No.11 of 2008, for spreading
false news to the public that caused hatred.
If we look at the problems above, it can be said that the ease of accesing the internet, on the other hand, is used by a group of irresponsible
people. The internet, which actually facilitates and streamlines people’s activities, is actually used for the wrong purpose and harms others.
Therefore, to deal with the problem of internet crime (cybercrime), the goverment issued the ITE Law, namely Law No. 11 of 2008 and revised
it in Law No. 19 of 2016 concerning Information and Electronic Transactions. It is hoped that the regulation will overcame the problem of
internet crime. However, it should also be remembered that the ITE Law is not a specific crime, but also contains government regulations
regarding the management of information and electronic transacrions.
From these problems, in the author’s opinion, the author considers it necessary to conduct research related to cybercrime as a potential
criminal act of violating the ITE Law on social media so that it becomes an education to be wiser in using social media.
II Research Methodology
This research was conducted using a qualitative approach with a literature study method. Data analysis was carried out by collecting a
number of literature from books, journals, websites and other scientific works, then analyzed and concluded in the discussion of research result.
The purpose of this study is to explain what elements are included in the category of cybercrime on social media, and it is hoped that readers
will be abble to understand more clearly about cybercrime and the application of the ITE Law through several cases that have been described by
the author.
III Results and Discussion
Results
In the following, the researcher’s findings regarding cybercrime cases that have violated the ITE Law on social media and articles related
to these violations are presented. The data will be classified and analyzed using forensic linguistic studies.
Tabel 1. List of cybercrime cases and violations of the ITE Law on social media
No. Reported and Suspect Cases Subsection of ITE Law Year
1.
Reported :
FIairuz A Rafiq (Actress)
Suspect :
Galih Ginanjar (Actor), Pablo
Benua, Rey Utami (Youtuber)
Criminal defamation
Chapter 27 verse (3) of the ITE
Law concerning the distribution
of electronic documents
containing insults and/or
defamation
2020
2.
Reported :
Inonesian Doctors Association (IDI)
Suspect :
Jerinx SID (Musician)
Criminal defamation
Chapter 28 verse (2) of the ITE
Law and/or Chapter 27 verse
(3) of the ITE Law regarding
hate speech and defamation
2020
3.
Reported :
Luhut Binsar Pandjaitan
(Coordinating Minister for Maritime
Affairs and Investment)
Suspect :
Muhammad Said Didu (Former
Secretary of Indoensian SOEs)
Criminal defamation
Chapter 45 verse (3), Chapter
27 verse (3), of the ITE Law
and Chapter 14 verse (1) and
(2), Chapter 15 of 1946
concerning Criminal Law
Regulations.
2020
4.
Suspect :
A Lecturer at the University of North
Sumatra
(viral on social media)
Hoax
Chapter 14 and 15 of Law
Number 1 of 1946 concerning
the Regulation of Criminal Law
and Chapter 28 in juncto with
Chapter 45 of the Law on
Information and Electronic
Transactions (UU ITE)
2020
5.
Suspect :
Ratna Serumpaet (Activist)
(viral on social media)
Hoax
Chapter 14 and 15 of Law
Number 1 of 1946 concerning
the Regulation of Criminal Law
and Chapter 28 in juncto with
Chapter 45 of the Law on
2018
3. International Journal of Scientific and Research Publications, Volume 11, Issue 9, September 2021 402
ISSN 2250-3153
This publication is licensed under Creative Commons Attribution CC BY.
http://dx.doi.org/10.29322/IJSRP.11.09.2021.p11747 www.ijsrp.org
Information and Electronic
Transactions (UU ITE)
6.
Reported :
BTP Network
Suspect :
Ahmad Dhani (Musician)
Hate speech
Chapter 45A verse (2) in
conjunction with Chapter 28
verse 2 of Law Number 19 of
2016 concerning ITE
2018
7.
Reported :
Ahok Djarot Youth Community
Suspect :
Buni Yani (Politician)
Hate speech
Chapter 28 verse (2) of the ITe
Law
2019
8.
Suspect :
Wildan
Hijacking the official
website of the Indonesian
president, SBY.
Chapter 22 letter b of Law 36 of
1999 concerning
telecommunications and
Chapter 30 verse 1,2,3 juncto
Chapter 32 verse 1 of Law No.
11 of 2008 concerning ITE
2013
9.
Suspect :
Gisella Anastasia (Actress) &
Michael Yukinobu Defretes (Actor)
Pornographic content Chapter 27 UU ITE 2020
Table 2. Subsection of the ITE Law on defamation
TYPE SUBSECTION SUBSECTION FORM
ITE Law
(UU ITE)
Chapter 27 verse (3)
Everyone intentionally and without rights distributes and or transmits to
make accessible Electronic Information and or Electronic Documents
that have insulting and/or defamatory content.
ITE Law
(UU ITE)
Chapter 45 verse (3), 19/
2016
Any person who knowingly and without rights distributes and/or
transmits and or makes accessible electronic Information and or
Electronic Documents containing insults and or defamation as referred
to in Chapter 27 verse (3) shall be subject to a maximum imprisonment
of (four) years and/or a maximum fine of RP 750.000.000,00 (seven
hundred and fifty million rupiah)
Table 3. Subsection of the ITe Law on fake news (hoax)
TYPE SUBSECTION SUBSECTION FORM
ITE Law
(UU ITE)
28 verse (1)
Everyone intentionally and without rights spreads false and misleading
news that results in consumer losses in Electronic Transactions.
ITE Law
(UU ITE)
45A verse (10 19/2016
Nay person who intentionally and without rights spreads false and
misleading news that results in consumer losses in Electronic
Transactions as referred ti on HCapter 28 verse (1) shall be sentenced to
a maximum imprisonment of 6 (six) years and/or a maximum fine of RP
1 billion.
KUHP Chapter 390
Nay person who with intent to benefit himself or another person by
violating the right to reduce or increase the proce of merchandise, fonds
or money securities by broadcasting false news, shall be sentenced to a
maximum imprisonment of two years and eight months.
UU Chapter 15, 1/1946
Anyone who broadcasts news that is uncertain or news that is excessive
or incomplete, while he understands at least properly and can suspect
that such news will or has bee able to cause trouble among the people, is
sentenced to a maximum imprisonment of two years.
Table 4. Subsection of the Ite Law on hate speech
TYPE SUBSECTION SUBSECTION FORM
KUHP Chapter 156
(1) Anyone who publicly expresses hostility, hatred or disparagement
towards one or several goups of the Indoensian people, is threatened
with a maximum imprisonment of four (4) years or a maximum fine of
four thousand five hundred rupiahs.
(2) What is meant by group for this chapter and the next chapter is each
part of Indoensian population that is different from other parts or parts
because of ethnivity (race), customs, religion, area of origin, descent,
nationality or position according to constitutional law.
ITE Law
(UU ITE)
No. 19/ 2016 Chapter 28
verse (2)
Everyone ontentionally and without rights disseminates informations
that is intened to cause hatres or hostility to individuals and/or inter-
group community groups (SARA).
4. International Journal of Scientific and Research Publications, Volume 11, Issue 9, September 2021 403
ISSN 2250-3153
This publication is licensed under Creative Commons Attribution CC BY.
http://dx.doi.org/10.29322/IJSRP.11.09.2021.p11747 www.ijsrp.org
ITE Law
(UU ITE)
Chapter 45 verse (2)
Everyone who fulfills the elements as referred to in Chapter 28 verse (1)
or verse (2) shall be sentenced to a maximum imprisonment of 6 (six)
years and or a maximum fine of Rp 1000.000.000,00,- (one billion
rupiah)
UU No. 40/ 2008, Chapter 16.
Any person who intentionally shows hatred towards another person
based on racial and ethnic discrimination as referre to in Chapter 4 letter
b number 1, number 2, or number 3, shall be punished with
imprisonment for a maximum of 5 (five) years and or a fine of Rp
500.000.000,00 )fibe hundred million rupiah).
Table 5. Subsection of the ITE Law on pornographic content
TYPE SUBSECTION SUBSECTION FORM
ITE Law
(UU ITE)
Chapter 27 verse (1)
Everyone intentionally and without rights distributes and or transmits
and or makes accessible Electronic Information and/or Electronic
Documents that have content that violates decency.
ITE Law
(UU ITE)
Chapter 45 verse (1)
19/2016
Any person who knowingly and without rights distributes and/or
transmits and/or makes accessible Electronic Information and/or
Electronic Documents containing content that violates decency as
referred to in Chapter 27 verse (1) shall be punished with imprisonment
for a maximum of 6 (sic) years and or a maximum fine of Rp 1 billion.
Discussion
Cybercrime Cases and Criminal Threats of the Ite Law
a. Defamation Case
In 2020, Actress Fairuz A Rafiq made a report to the South Jakarta District Court fot the defamation case “Salty Fish Smell” in
the youtube content carried out by Actor Galih Ginanjar with Youtuber Pablo Benua and Rey Utami. In a conversation with Pablo
Benua and Rey Utami, Galih Ginajar as the ex-husband of Fairuz A Rafiq mentioned that Fairuz’s intimate organs smelled of salted
fish. The video was spread all over social media until Galih, Pablo and Rey received a lot of criticism from netizens. According to the
judge of the South Jakarta District Court, the articles charged against the suspects are Chapter 51 verse 2 jo, Chapter 36 jo, and Law
No. 11 of 2008 concering Information and Electronic Transactions (UU ITE).
The next case of defamation and hate speech is a report from the Indonesian Doctors Association (ID) against Musician Jerinx
SID. The Directorare of Special Criminal Inverstigation (Ditreskrimsus) of the Bali Police has named Jerinx SID as a suspect and
detained for violating the ITE Law for a post made his instagram account declaring IDI “Helper of WHO” because it requires women
who want to give birth to do a rapid test. IDI assessed that Jerinx’s upload which called IdIand the hospital ‘helper WHO’ was a
slander and had tarnished IDI’s name. As for Jerinx’s writing on his intagram accout, it reads : “Because they are prou to be a helper
of WHO, Idi and hospital arbitrarily require everyone who will give birth to be tested fot covid-19. There is a lot of evidence that test
results are often inconsequential, why force them? If the test results are stressful and cause death of the baby/ mother, who is
responsible?”. For this upload, the police named Jerinx as a suspect using CHapret 28 verse (2) of the ITe Law and/or Chapter 27
verse (3) of the ITE Law regarding hate speech and defamation.
Still in 2020, the Coordinating Minister for Maritime Affairs and Investment (Menko Marves) Luhut Binsar Pandjaitan
reported former Secretary of the Ministry of State-Owned Enterprises (BUMN) Muhammad Said DIdu to the Criminal Investigation
Unit of the police on charges of defamation. Said Didu and Luhut’s polemic began when Said Didu uploaded content on his personal
youtube channel with the title “MSD: Luhut only thinks about money, money and money”. Said was reported under Chapter 45 verse
(3), Chapter 27 verse (3) of the ITE Law and Chapter 14 verse (1) and (2), HCapter 15 of Law Number 1 of 1946 concerning the
Criminal Law Regulations.
Case of defamation commited by a person intentionally or unintentionally may be subject to Chapter 27 verse (3) of the Ite
Law concerning the distribution of electronic documents containing insults and/or defamation, and criminal threats for violators of the
article are as described in Chapter 45 verse (1) of the Ite Law, namely a maximum imprisonment of six years and/or a maximum fine
of one billion rupiah. In the provisions of Chapter 27 verse (3) and Chapter 45 verse (3) of the Ite Law, there is no clear definition of
what is meant by insult or defamation. To clearly determine what is meant by insult or defamation, it must refer to the provisions of
chapter 310 verse (2) regarding written defamation (smaadscrifft), and Chapter 310 verse (3) as a criminal abolition (for the public
interest and forced defense). We can understand the provisions of Chapter 27 verse (3) of the Ite Law that the scope of the article is
also quite broad.
Furthermore, the ItE Law alsi states that electronic information/ documents do not automatically become valid evidence. To
determine whether an electronic information. Document can be valid evidence, the document must require a certain procedure
regulated under the law. UU no. 11 of 2008 concerning ITE applies to everyone who provides information that has an element of
humiliation. Therefore, every community should maintain ethics when communicating on social media.
b. The Case of Fake News (Hoax)
The spread of false information (hoax) is the most familiar area of cybercrime today. The latest case happened to one of the
lecturers of the civil servant of the University of North Sumatra (USU). The Directorate of Crime and Cybercrime of the North
Sumatra Police arrested the suspect because of one of his facebook account posts which stated that the 3 church bombings in Surabaya
were just a diversion of rumors. The post he uploaded later went viral and sparked debate among netizens for allegedly spreading false
newas and containing elements of hate speech (SARA).
Another case of spreading fake news was carried out by Activist Ratna Serumpaet (2018). This case stems from the upload of
Swary Utami Dewi on social media facebook. The upload was accompanied by a sceenshot of Ratna Serumpaet’s bruised and swollen
face which was given a description that she had been persecuted by several people who were closely related to politics in Indonesia at
that time. The post was spread on social media twitter. The persecution case was confirmed by politicians, such as Rachel Maryam,
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Deputy Chairperson of the Gerindra, Fadli Zon, and Chairperson of the Gerindra as well as 2019 president candidate Prabowo
Subianto. The police conducted an investigation after receiving three reports regarding the alleged hoax. Based on the results of the
police investigation, it is known that Ratna Serumpaet was not hospitalized and did not report to the Polsek in Bandung between
September 28 to October 2, 2018. The results of the investigation found that Ratna Serumpaet came to the Bina Aesthetics Hospital in
Menteng, Central Jakarta, on 21 September 2018 around 17.00 WIB.
After knowing the truth, the police immediately held a press conference. After the police held a press conference and
explained the metter, a few hours later Ratna Serumpaet aslo held a press conference. He admitted that there was no abuse. He
underwent liposuction surgery so that his face was bruised. In this case, Ratna Serumpaet was charged with Chapter 14 and 15 of Law
Number 1 of 1946 concerning the Criminal Law Regulation and Chapter 28 in juncto with Chapter 45 of the Electronic Information
and Transactions Law (ITE Law), with a maximum sentence of 10 years in prison.
The cyber media community has become accustomed to all texts that tend to be hoaxes, so it is difficult to distinguish which
information is true and which is false (Triartanto, 2015: 33). Although not seen directly, the impact caused by the spread of hoax
information is detrimental to many groups in various sectors, such as political, economic, and social problems. At least until now the
spread of hoax infomartion in Indonesia is growing and running rampant if there is no control. Therefore, Indonesian people should be
smarter in receiving information on social media.
c. Hate Speech Case
In 2018, musician Ahmad Dhani was reported for allegedly spreading hate on his twitter account. Three of Dhani’s tweets
were taken to the police. The first tweet reads: “The one who blasphemed Ahok’s religion.. who was tried by KH. Ma’ruf Amin”.
Meanwhile in the second tweet, Ahmad Dhani wrote: “Anyone who supports religious blasphemers is a bastard who needs to be spit
in the face”. Then, Ahmad Dhani re-uploade the third tweet with the words “The first precept sentence ‘YME divinity’, blasphemer
becomes governor, are you crazy? – ADP”. The tweet was reported by Jack Lapian, founder of Basuki Tjahja Pernama (BTP)
Netrowk,for the case of hate speech to Ahok. The public prosecutor charged Dhani with Chapter 45A verse (2) in juncto with Chapter
28 verse 2 of Law Number 19 of 2016 concerning Information and Electronic Transactions (ITE) in juncto with Chapter 55 verse (1)
of the 1st
Criminal Code (KUHP).
In addition, Dhani was also caught in the case of the ITE Law for saying ‘idiot’ in a vlog he made while attending the
#2019ChangePresident declaration. For this statement, the Prosecutor charged Ahmad Dhani with Chapter 45 verse 3 in juncto with
Chapter 27 verse 3 of the Electronic Information and Transaction Law (ITE Law). Dhani was sentenced to 1 year in prison by a judge
on June 11, 2019.
Another hate speech case also occurred in 2019. The volunteer group Kotak adja (Ahok Djarot Young community) reported
Buni Yani to the police regarding posting a video showing Ahok’sstatement regarding Al Maidah verse 51 in the Thousand Islands.
Video footage of Ahok uploaded by Buni Yani has gone viral on social media. The post was titled “Religious Blashemer?”. In the
upload, Buni Yani included three sentences, namely (1) “blasphemy against religion”; (2) “Ladies and gentlemen (Muslim voters),
and (3) “Looks like something bad is going to happen with this video”. The video uploaded by Buni Yni was used as a reference for
the actions of hundreds of people from the Islamic Defenders Frot (FPI) who demonstrated at DkI Jakarta City Hall. The post that
went viral on social media was said to have been tricked into not being broadcast in tis entirety and had the potential to provoke the
public. Based on the report, Buni Yani was charged with violating Chapter 28 verse (20 of the ITE Law. He is considered to have
spread hatred through footage of Ahok’s speech that was distributed through social media.
d. The Case of Hijacking the Official Website of the President of Indonesia (2004-2014) SBY.
The hijacking of the official website of the President of indoensia, Susilo Bambang Yudhoyono, occurred on January 9, 2013.
The piracy case was carried out by an employee of CV Suryatama in Jember who is engaged in the business of selling computer spare
parts. On January 25, 2013 the perpetrator was officially arrested and identified as Wildan (22 years old). The perpetrator admitted
that he was self-tahught computer learnign and the motive was not just for fun. In this incident the perpetrator has managed to break
into the site, take over and change the site. It is even known that the perpetrators managed to get into the database of this site. The
concern is if the perpetrators take various kinds of important information or even actually damage on this site. Although this case is a
hacking case, the act of illegally entering content into a site a cyber crime of illegal contents. The suspect is changed with Chapter 22
letter b of Law 36 of 1999 concerning telecommunications and Chapter 30 verse 1,2,3 junto chater 32 verse 1 of Law No. 11 of 2008
concerning ITE.
e. Case of Pornography/ Immoral Acts.
In 2020, actresses Gisella Anastasia (Gisel) and Michael Yukinobu Defretes (MYD) were named as suspects in a porn video
case that was widely circulated on social media. Both were changed with Article 4 in conjunction with Chapter 29, Chapter 8 in
conjuction with Chapter 34 of the Pornography Law, and Chapter 27 of the Electronic Information and Transactions Law (ITE). Both
Gisel and Nobu admit that they are the actors in the video. Initially, they produced pornographic videos for personal use, but because
of their carellessness, the videos circulated. Furthermore, investigations also focus on investigating the party who distributed the video
to the public.
In this case, according to the author, the suspect in the cybercrime case is the person who distributed the video. Publishers of
pornographic videos can be ensnared in Article 45 paragraph (1) of the ITE Law, namely “everyone intentionally and without rights
distiributes or transmits and or makes accessible Electronic Information and or Electronic Documents that have content that violates
decency as reffered to in Chapter 27 verse (1) shall be sentenced to a maximum imprisonment of 6 (six) years and/or a maximum fine
of Rp. 1 billion. “However, due to the carelessness of the video maker so that the video is spread, the video maker can also be subject
to Chapter 27 of the ITE Law.
Implementation of the ITE Law on Cybercrime Case Settlement
From the cybercrime cases that have been described above, when examined further regarding the resolution, the process of
implementing the cybercrime ITE Law has many shortcomings. The reason is because the modes of crime in this space are so
sophisticated in line with the development of technology that innovates rapidly. Barda (2005) said that this difficulty is caused by at
least three things, namely: (1) Cybercrime is in an electronic environment and cyberspace that is difficult to identify with certainty,
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while the conventional legality principle depars from real actions and legal certainty; (2) Cybercrime is closely related to the
development of sophisticated technology which is changing very quickly while the conventional legality principle departs from static
sources of formal law (UU); (3) Cybercrime transcends national boundaries, while the laws of a country basically only apply in its
own territorial area. Therefore, even though the government has regulated and promulgated the issue of cybercrime, this is not enough
if it is used as a tool to solve such a complex problem. Even with the reality of the rules and structure of government organizations
related to Information and Communication Technology as described by Setiadi, et al, (2012: 110).
For example, in the Jerinx case regarding defamation above, many critics have questioned the used of articles of the ITE Law
in this case as stated by the Civil Society Alliance. The Civil Society Alliance consisting of ICJR, Elsam, PIL-NET, IJRS, HRWG,
Debtwatch Indonesia, LBH Per, Greenpeace Indonesia, Indonesia for Global Justice, and so on also commented on the case faced by
Jerinx. The alliance is of the opinion that the use of the criminal article of the ITE Law to ensnare Jerinx regarding the post he
uplouded is inappropriate. In fact, the use of the Chapter 28 verse (2) of the ITE Law and/or Chapter 27 verse (3) of the ITE Law
regarding hate speech and defamation is still far from fulfiling the following elements: creating feelings of hatred or enmity between
individuals and groups, as well as against society, religion, race and inter-group (SARA). In reality, Jerinx still goes to jail with a fine
of 10 million. Thus, according to the author, the application of the ITE Law should be carried out more deeply and thoroughly.
Departing from these examples, it is concluded that there are several obstacles in handling cybercrime.
IV Conclusion
The increasing number of internet users causes various cybercrime in many countries including Indonesia to occur. Broadly speaking,
cybercrime perpetrators, whether intentional or unintentional, will be charged with Law Number 11 of 2008 concerning Information and
Electronic Transactions. There are at least four threats brought by the ITE Law in Indonesia that have the potential to afflict cybercrime
perpetrators, namely the threat of violating the morality of Chapter 27 paragraph (1), insulting and/or defaming Chapter 27 verse (3), spreading
hatred based on enthnicity, religion, race and between groups (SARA) Article 28 verse (2), and the threat of fake news Chapter 45 of the Law on
Information and Electronic Transactions (UU ITE). The criminal threat for violators of this article is as described in Chapter 45 verse (1),
Chapter 45 verse (3) and Chapter 45A paragraph (2) of the ITE Law, namely imprisonment for a maximum of six years and/or a fine of a
maximum of one billion rupiah.
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Author
First Author – Indah Sari, Language and Arts Education, Yogyakarta State University, Indonesia; indahsari.2020@student.uny.ac.id
Second Author – Prof. Dr. Zamzani, M.Pd, Language, Language and Arts Education, Yogyakarta State University, Indonesia;
zamzani_55@yahoo.com
Correspondence Author – Indah Sari, Language and Arts Education, Yogyakarta State University, Indonesia; indahsari.2020@student.uny.ac.id,
+6281364962073