TINJAUAN TERHADAP TINDAK PIDANA CYBER CRIME (Suatu Studi di Reskrimum Polda Sultra)
Abstract
The research aims (1) to find out what legal obstacles are faced by the Cyber Unit of the Southeast Sulawesi Regional Police in dealing with Cyber Crime, as well as obstacles in carrying out the investigation process related to the collection of evidence of Cyber Crime. (2) to find out the efforts that can be made by the court in carrying out the process of providing evidence to perpetrators of Cyber Crime, considering the difficulty of the criminal process related to the limited evidence in the crime. To carry out the research, the author focuses on the location at the Southeast Sulawesi Regional Police Criminal Investigation Unit and will then collect some data that the author will use to answer the problems raised in the thesis. Research results (1) The principle of legality in Indonesian criminal law provides a policy outline to realize legal protection against arbitrary actions by state authorities/organizers against the legal interests of society and human rights. Therefore, the system of proof based on the Criminal Procedure Code formally can no longer reach and be the legal basis for proof of Cyber Crimes cases, because the modus operandi of Cyber Crime crimes is not only carried out with sophisticated tools but this crime is really difficult to determine quickly and simply who is the perpetrator of the crime. Therefore, optimization of Law Number 11 of 2008 concerning Electronic Information and Transactions is needed. (2) The weakness of the legal apparatus in enforcing criminal law, especially in Cyber Crimes cases, has many limitations. This can be felt as if the crime that occurs, the law enforcement officers are not ready or even unable (technologically illiterate) to investigate the perpetrators and the evidence used in relation to this form of crime is difficult to detect. Another weakness is in the forensic computer equipment that is not yet owned by the National Police, considering the importance of its existence in preventing or handling cases related to Cyber Crime.
