Law Enforcement of State Jurisdiction in Hacking Crimes

Protection Principles and Quasi Jurisdiction

Cybercrime perpetrators are often physically in the same place as the victim, making the location of the crime or its jurisdiction easy to determine. However, in cyberspace, perpetrators do not need to be in the actual location of the crime. In this case, the principle of protection can also be applied, considering that the territorial principle does not provide a complete jurisdictional basis when the crime is committed outside the territorial boundaries of the perpetrator's country. The principle of protection is only applied to specific types of crimes, prioritizing the perpetrator's activities that result in serious threats to national interests.

Criminal jurisdiction for the application of national criminal law to cybercrimes can also be interpreted as adhering to quasi jurisdiction, which uses territorial jurisdiction, extra-territorial jurisdiction over cybercrimes committed within the jurisdiction of other countries, and extra-territorial jurisdiction over cybercrimes committed outside the jurisdiction of any country.

The solution to this is to ratify the only binding convention related to cybercrime, such as the Council of Europe Convention on Cybercrime with its second additional protocol on enhanced cooperation and disclosure of electronic evidence. The Cybercrime Convention and its additional protocol can be a tool to facilitate Indonesia in implementing extra-territorial jurisdiction to address and enforce laws related to cybercrimes such as hacking in a transnational context.

Legal Policy on Implementation Cyberlaw Hacking Crimes in Indonesia

Efforts to combat cybercrime through specific strategies are carried out with penal policies including the criminalization of violations in the ITE Law regulations, harmonization of national legal provisions with international law in combating cybercrime, and law enforcement through the imposition of criminal sanctions for cybercrime perpetrators. In addition, non-penal policies can also be applied in terms of drafting policies outside of criminal law as a preventive strategy for cybercrime, emphasizing socialization related to the potential for cybercrime, to enhance collaboration among law enforcement agencies and with the private sector in order to build security system in cyberspace or by establishing institutional cooperation at the national and international levels.

New ideas can clarify potential solutions and recommendations that can be implemented to strengthen cyber law enforcement in Indonesia. This may include the development of new policies that are more responsive to technological changes by the government, as well as efforts to increase public awareness of cybercrime threats.

International Cooperation Efforts in Combating Cybercrime

Hacking crimes also involve increasingly prevalent cross-border aspects. Hackers often operate abroad, so cyber law enforcement in Indonesia also requires close international cooperation. This cooperation includes information exchange, extradition, and effective handling of cross-border hacking cases.

In facing the challenges of changes and developments in cyber law in Indonesia, it is important to have a holistic and sustainable approach. This involves continuous improvement in the legal framework, increasing the capacity of law enforcement officials and public awareness of cybersecurity, as well as strong cooperation with international institutions. With this comprehensive approach, Indonesia will be more effective in addressing hacking threats and maintaining the country's cybersecurity amidst the changing digital world.

Law Number 1 of 2006 concerning Mutual Legal Assistance in Criminal Matters can be used as a legal basis and guideline for Indonesia in order to carry out cooperation related to mutual assistance in criminal matters with other countries. The increasingly complex development of cybercrime requires handling with the obligation to implement cooperation with countries that are potentially used as hiding places or the implementation of cybercrime itself. Thus, it can become one of the preventive strategies for cross-jurisdictional cybercrime by implementing the Mutual Legal Assistance System in Criminal Matters (Mutual Legal Assistance).