Legal Literacy - This article discusses the principles in determining the jurisdiction of criminal acts, law enforcement, and legal policies regarding the implementation of cyber law.

Cyber Crimes within the Scope of Cyber Law

Technological advances open up huge opportunities for crime. This can be seen from the large number of cases that go to court related to digital crimes. Cases handled include misuse of technology such as the internet, hoaxes, hacking, forgery, and so on. One of the causes of cybercrime is the increasing need for computer network technology. Cybercrime is an illegal activity carried out in cyberspace with the intermediary of computers or other electronic equipment such as cellphones, smartphones carried out through global electronic networks.

Jonathan Rosenoer divides the scope of Cyberlaw into: “copyright, trademark rights, defamation, hate speech or defamation, insults, slander, hacking, viruses, illegal access, regulation of internet resources, personal security, prudence, criminal liability, procedural issues such as jurisdiction, evidence, investigation, electronic transactions, pornography, theft via the internet, consumer protection, e-commerce, e-government”.

The Problem of Determining Jurisdiction in Cyber Crimes

The uncertain determination of jurisdiction in cyberspace, as stated by Tien S. Saefullah, is that: “the jurisdiction of a country recognized by international law in the conventional sense is based on geographical and time boundaries, while multimedia communication and information is international, multi-jurisdictional and without geographical boundaries, so that until now it has not been possible to determine how state jurisdiction can be applied to the use of information technology”.

Resolving the links between international and national jurisdiction, cross-border activities and extraterritorial consequences, which bring both individuals and legal entities into legal responsibility, becomes a problem. Information in the form of data, which is the key to all activities in the digital era, not only runs in virtual space, but is also connected to physical storage that is territorially located in the legal territory of a country. However, several obstacles in determining the appropriate jurisdiction and effective legal regulations in general must be remembered that information is channeled through the territory of several states. In addition, the technical ability to regulate activities in cyberspace is limited both objectively and subjectively.