Urgency of the National Cyber Agency
By David Raja Marpaung
Along with advances in information technology so rapidly, gave birth to the Internet as a phenomenon in the life of mankind. Internet,
defined by the US Supreme Court as an "international network of
interconnected computers" (Reno v. ACLU, 1997), has presented the
easiness for everyone not only just to communicate but also conduct
business transactions anytime and where only.
In
its development, it turns out the use of the internet to bring the
negative side, with the chances for the actions of anti-social and
criminal behavior that had been considered impossible. As
a theorist says: "Crime is a product of society its self", which simply
means that the community itself that gave birth to a crime. The higher the intellectual level of a society, the more sophisticated crime may also occur in the community.
Cybercrime is often identified as a computer crime. The
US Department of Justice to give understanding computer crime as: "...
any illegal act requiring knowledge of computer technology for its
perpetration, investigation, or prosecution". Another
notion is given by the Organization of the European Community
Development, namely: "any illegal, unethical or unauthorized behavior
Relating to the automatic processing and / or the transmission of data".
Andi Hamzah in his book Aspects of Computer Crime in the Field (1989)
defines "computer-related crime in general can be interpreted as the use
of computers illegally".
Some
understanding of the above, computer crime is defined as an unlawful
act committed by using a computer as a tool / instrument or computer as
an object, whether for profit or not, to the detriment of others. Briefly computer crime is defined as an unlawful act which is done using sophisticated computer technology.
Cybercrime has a distinctive character compared to conventional crime, among other things: Deeds done illegally, without any rights or unethical is happening
in the room / area of cyber (cyberspace), so it can not be certain
jurisdictions where the state law applicable to it;
The act was done using any equipment that can be connected to telecommunications networks and / or the Internet;
The actions resulted in material and immaterial losses (time,
value, service, money, goods, self-respect, dignity, confidentiality of
information) which tend to be larger than a conventional crime;
The culprit is the person who controls the use of the Internet and its applications; and
Such acts are often done in a transnational / cross borders.
Cyber crime in Indonesia and Prevention
In
Indonesia, Indonesia, there are 42,000 cyber attacks per day, which
could undermine the security of the company and the country. Cyber crime ranked number 2 in Indonesia is the highest in the world, after Ukraine. One can imagine how the threat of cyber crime is something that should be watched and handled immediately.
The Indonesian government has declared cyber defense Indonesia is considered vulnerable to attack other countries. Therefore, the government plans to establish a National Cyber Agency
will coordinate cyber security in all ministries and state institutions.
President Jokowi has instructed the cabinet meeting to immediately establish a
national cyber body, which is survive but also aggressive in seeing the
development of crime in cyberspace. The National Cyber Agency will soon be established by Presidential Decree
The coordinating minister for political, legal, and security Luhut
Pandjaitan said it has formed a special team tasked with reviewing
national cyber agencies and will report the results of its work in late
September 2015 or early October 2015
From such exposure, it is clear that cyber crime requires global mitigation action in considering the often transnational crime. Some important steps that must be done every country in tackling cybercrime is:
Modernizing the criminal law and its national procedural law,
which is harmonized with international conventions related to these
crimes;
Increase national computer network security system according to international standards
Increase the understanding and expertise of law enforcement
officials regarding the prevention, investigation and prosecution of
cases that related to cyber crime;
Raising awareness of citizens on the issue of cyber crime and the importance of preventing the crime occurred; and
Increasing
cooperation between countries, whether bilateral, regional or
multilateral, in efforts to address cyber crime, including through
extradition and mutual assistance treaties
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