Understanding, Form and Criminal Acts of Cyber ​​Crime

Understanding Cyber ​​Crime

Cyber ​​Crime, cyber crime or cyber crime is a form of crime that utilizes computer technology, computer networks, the internet or other digital devices as a tool, target, place or user. Some other terms that are similar to cyber crime include computer misuse, computer abuse, computer fraud, computer related crime, computer assisted crime or computer crime.

Cyber ​​Crime

Cyber ​​crime (cyber crime) appears along with the development of digital technology, communication and information that is developing so rapidly. These developments have changed the way in which some economic actors have activities, especially in the form of the business world. The technology is not only used to increase effectiveness, efficiency and productivity, but also turns into a weapon to take advantage illegally.

Here are some definitions of cyber crime from several book sources:

  • According to Wahid and Labib (2010: 40), cyber crime is all kinds of use of computer networks for criminal purposes and or high-tech criminals by misusing the ease of digital technology.
  • According to Widodo (2011: 7), cyber crime is every activity of a person, a group of people, a legal entity that uses computers as a means of committing crime, or makes computers the target of crime. All of these crimes are forms of acts that are contrary to the laws and regulations, both in the sense of violating the law materially and formally against the law.
  • According to Parker (Hamzah, 1993: 18), cyber crime is an incident related to computer technology where a victim suffers or will have suffered a loss and an offender intentionally gains or will have benefited.
  • According to the Organization of European Community Development (OECD), cyber crime or computer crime is all illegal or unauthorized access to a data transmission. So it seems that any illegal activity in a computer system is a crime (Karnasudiraja, 1993: 3).

Cyber ​​Crime Characteristics

According to Wahid and Labib (2010: 76), cyber crime has several characteristics, as follows:

  1. Acts that are done illegally, without rights or are unethical, occur in cyber / cyber space (cyberspace), so it cannot be ascertained which state jurisdiction applies to them.
  2. These acts are carried out using any equipment that is connected to the internet.
  3. These actions result in material and immaterial losses (time, value, services, money, goods, self-esteem, dignity, confidentiality of information) which tend to be greater than conventional crime.
  4. The culprit is the person who mastered the use of the internet and its applications.
  5. These acts are often carried out transactionally / across national borders.

The steps commonly taken in cyber crime activities are as follows (Raharjo, 2002: 199):

  1. Gather and study existing information about computer operating systems or computer networks that are used on the target audience.
  2. Infiltrate or access the target computer network.
  3. Explore computer systems and seek higher access.
  4. Make a backdoor and eliminate traces.

The scheme and picture of the process of implementing cyber crime is shown in the figure below:

Cyber ​​Crime Scheme and Process

Forms of Cyber ​​Crime

According to Gema (2013), there are several forms of cyber crime as follows:

a. Unauthorized access to computer systems and services

This crime is committed by illegally entering or intruding into a computer system or network. The purpose of the act is sabotage or data theft or falsification of important and confidential information. Whether a person enters and then does a further act that harms the victim or not, is not an element that determines crime.

b. Illegal Content

This crime is committed by entering data or information into the internet about all things that are not true, unethical and can violate law or public order. Such acts include loading hoax, slander, pornography, leaking state secrets, agitation and propaganda to fight legitimate government. The main element in this crime is the content of data entered into a computer network.

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c. Falsification of data

This crime is committed by falsifying data on important documents stored in a computer system as scriptless documents over the internet. This crime is usually directed at electronic commerce documents (e-commerce) by making messages as if there was a typing error that could benefit the offender, because the victim has already entered personal data and credit card PINs so that the offender allows the data to be misused.

d. Espionage or spying

This crime is carried out by utilizing the internet network to carry out spying (espionage) against other parties by entering the computer network system (computer network system) of other parties. This crime is usually directed at people or business company rivals whose confidential documents or data (databases) are stored in a computer system that is connected to a computer network.

e. Sabotage and Extortion

This crime is committed by making interference, destruction or destruction of data, programs or computer network systems that are connected to the internet illegally. This crime is carried out by infusing a logic bomb, a computer virus or a particular program, so that program data or computer network systems cannot be used, cannot operate as they should, or can operate but are not in accordance with the will of the perpetrators.

f. Copyright infringement

Crimes of this type are shown against Intellectual Property Rights (IPR) owned by other parties on the internet for example is plagiarized display on the web page of a site belonging to someone else illegally, broadcasting information on the internet which is a trade secret belonging to another party.

g. Privacy Violation

Crimes of this type are shown against data or information that is individual and confidential (privacy) in an illegal manner. This crime is usually directed against someone’s personal information stored in personal form data that is stored computerized. If the data is known to others, it can harm the owner of information both materially and immaterially such as credit card numbers, PINs, ATMs, personal records, bodily disabilities, or hidden diseases.

Cyber ​​Crime Crime

Cyber ​​crime in Indonesia has been regulated in ITE Law (Information and Electronic Transactions) Number 11 Year 2008 and Number 19 Year 2016 concerning Amendment to Law Number 11 Year 2008. The ITE Law has determined which actions are included criminal offenses in the field of cyber crime and have determined the elements of criminal acts and attacks on various legal interests in the form of certain criminal acts.

Cyber ​​crime in ITE Law is regulated in 9 articles, from articles 27 to article 35. In these 9 articles 20 forms or types of criminal acts are formulated. Article 36 does not formulate certain forms of ITE criminal offenses, but rather formulates the basis for criminal charges which are put at the expense of others. While criminal threats are determined in Article 45 to Article 52.

a. Criminal Distribution, Distribution or Transmission of Illegal Content

  1. Decency is contained in Article 27 paragraph (1).
  2. Gambling is contained in Article 27 paragraph (2).
  3. Defamation or defamation is contained in Article 27 paragraph (3).
  4. Extortion or threat in Article 27 paragraph (4).
  5. Misleading and misleading consumer / fraud news is contained in Article 28 paragraph (1).
  6. Generating hatred based on SARA is contained in Article 28 paragraph (2).
  7. Submitting information that contains threats of violence or intimidation that is addressed in private is contained in Article 29.
  8. In any way illegal access to Article 30.
  9. Illegal interception of information or electronic documents and electronic systems is contained in Article 31.

b. Crimes related to interference (interference)

  1. Disturbances to Information or Electronic Documents (data interference) are contained in Article 32.
  2. Disturbances to the Electronic System (system interference) contained in origin 33.
  3. The criminal act facilitates prohibited acts contained in Article 34.
  4. The criminal act of falsifying information or electronic documents is contained in Article 34.
  5. Additional criminal offenses are found in Article 36.
  6. Obstacles to criminal threats in Article 52.

Bibliography

 

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