Berlangganan Pro

Jumat, Februari 2, 2024

Development of National and Global Cybercrime Regulations: Moving Forward to Establish a Comprehensive Regulatory Framework on Cybercrime

Technology, Media and Telecomunication

As the world continues to move deeper into an era of massive technological development and change that is allowing for new types of technology-based cybercrimes to be committed, the international law that governs these types of crimes grants every state the authority to set its own thresholds for inter-jurisdiction crimes. In this regard, one of the most recent frameworks to address these matters is Resolution of the General Assembly of the United Nations No. 74/247, which mandates the establishment of an ad hoc intergovernmental committee that should aim to establish a comprehensive international convention on countering the use of information and communications technologies for criminal purposes.
The Head of Law and Cooperation at the Directorate-General of Informatics Applications at the Ministry of Communication and Information Technology, Josua Sitompul ("Head"), has stated that based on the results of an international dialogue, around 44 types of criminal offenses have been perpetrated across many countries (e.g. revenge porn, illegal access, violation of privacy and so forth). Since 2019, many of the core points of this proposed regulation have begun to be unified and utilized by many developed countries as the basis for a new global policy direction.
Meanwhile, the development of a national regulatory framework on cybercrime has been underway since the introduction of Law No. 1 of 2023 on the Criminal Law Code (Kitab Undang-Undang Hukum Pidana – "KUHP"), which has made several significant improvements, including the incorporation of cybercrime, as previously addressed under Law No. 11 of 2018 on Electronic Information and Transactions. However, the Head has also affirmed that the KUHP itself remains far from perfect, as various matters have yet to be incorporated, including: 1) Law enforcement in relation to cybercrime; 2) Traffic data and subscriber information that has yet to be defined; 3) Law enforcement in relation to foreign Electronic System Providers (Penyelenggara Sistem Elektronik/PSE); and so forth. These elements are not yet a part of the Indonesian legal system.
For more on this story, see Hukumonline: “Melihat Perkembangan Pengaturan Cybercrime Nasional dan Global”.

......

Sudah memiliki akun? Masuk

Hukumonline Pro

Berlangganan sekarang untuk akses tak terbatas ke berbagai Analisis Hukum!

Tingkatkan kualitas penelitian hukum Anda dengan berlangganan Paket Professional Hukumonline Pro dan dapatkan lebih banyak analisis hukum untuk referensi yang komprehensif

PRO PLUS

Rp 7.500.000

per bulan

Semua Fitur Paket Professional
Layanan Penerjemahan Peraturan
Precedent Hukumonline
Virtual Discussion

PROFESSIONAL

Rp 4.500.000

per bulan

Semua Fitur Paket Standard
Terjemahan Peraturan
Peraturan Konsolidasi
Premium Stories
Monthly Law Review (MLR)
Indonesian Law Digest (ILD)

STANDARD

Rp 2.500.000

per bulan

Indonesian Legal Brief (ILB)
Daily Updates
Bantuan Layanan Pencarian Peraturan
Pusat Data Peraturan dan Putusan Pengadilan Non-Precedent

As the world continues to move deeper into an era of massive technological development and change that is allowing for new types of technology-based cybercrimes to be committed, the international law that governs these types of crimes grants every state the authority to set its own thresholds for inter-jurisdiction crimes. In this regard, one of the most recent frameworks to address these matters is Resolution of the General Assembly of the United Nations No. 74/247, which mandates the establishment of an ad hoc intergovernmental committee that should aim to establish a comprehensive international convention on countering the use of information and communications technologies for criminal purposes.
The Head of Law and Cooperation at the Directorate-General of Informatics Applications at the Ministry of Communication and Information Technology, Josua Sitompul ("Head"), has stated that based on the results of an international dialogue, around 44 types of criminal offenses have been perpetrated across many countries (e.g. revenge porn, illegal access, violation of privacy and so forth). Since 2019, many of the core points of this proposed regulation have begun to be unified and utilized by many developed countries as the basis for a new global policy direction.
Meanwhile, the development of a national regulatory framework on cybercrime has been underway since the introduction of Law No. 1 of 2023 on the Criminal Law Code (Kitab Undang-Undang Hukum Pidana – "KUHP"), which has made several significant improvements, including the incorporation of cybercrime, as previously addressed under Law No. 11 of 2018 on Electronic Information and Transactions. However, the Head has also affirmed that the KUHP itself remains far from perfect, as various matters have yet to be incorporated, including: 1) Law enforcement in relation to cybercrime; 2) Traffic data and subscriber information that has yet to be defined; 3) Law enforcement in relation to foreign Electronic System Providers (Penyelenggara Sistem Elektronik/PSE); and so forth. These elements are not yet a part of the Indonesian legal system.
For more on this story, see Hukumonline: “Melihat Perkembangan Pengaturan Cybercrime Nasional dan Global”.

......

Sudah memiliki akun? Masuk

Hukumonline Pro

Berlangganan sekarang untuk akses tak terbatas ke berbagai Analisis Hukum!

Tingkatkan kualitas penelitian hukum Anda dengan berlangganan Paket Professional Hukumonline Pro dan dapatkan lebih banyak analisis hukum untuk referensi yang komprehensif

PRO PLUS

Rp 7.500.000

per bulan

Semua Fitur Paket Professional
Layanan Penerjemahan Peraturan
Precedent Hukumonline
Virtual Discussion

PROFESSIONAL

Rp 4.500.000

per bulan

Semua Fitur Paket Standard
Terjemahan Peraturan
Peraturan Konsolidasi
Premium Stories
Monthly Law Review (MLR)
Indonesian Law Digest (ILD)

STANDARD

Rp 2.500.000

per bulan

Indonesian Legal Brief (ILB)
Daily Updates
Bantuan Layanan Pencarian Peraturan
Pusat Data Peraturan dan Putusan Pengadilan Non-Precedent

Latest Analysis

2024 Hak Cipta Milik Hukumonline.com