Implementation of Hacker's Criminal Arrest Under the Electronic Information and Transfer Act

Abstract

The development of information and communication technology has had a great influence on people's lives, including in the fields of economy, education, government, and public services. However, these advances have also given rise to new forms of crime that are committed through electronic media or known as cyber crime, one of which is hacker crime. Hacking acts carried out without rights to electronic systems can cause material and immaterial losses, disrupt data security, damage information systems, and threaten the stability of digital activities of society and the state. This research formulates problems regarding the implementation of handling hacker crime actors based on the provisions of the Electronic Information and Transaction Law, the obstacles faced by law enforcement officials, and the efforts made in law enforcement against the perpetrators of these crimes. The purpose of this study is to analyze the effectiveness of the implementation of legal provisions that regulate the crime of hacking and to examine the obstacles and efforts to handle them in practice. The research method used is empirical normative legal research with a statutory approach and a case approach. The results of the study show that the handling of hacker criminals has a legal basis through Law Number 11 of 2008 concerning Electronic Information and Transactions as amended by Law Number 19 of 2016 and subsequent amendments, but its implementation still faces various obstacles such as rapid technological development, limited digital capabilities of law enforcement officials, difficulties in electronic proof, and the cross-regional character of the cybercrime. Handling efforts are carried out through preventive, repressive, and cross-sector cooperation to realize effective law enforcement against cybercrime perpetrators.