Cybercrime: An Analysis from Positive Law Perspective

Asian Journal of Applied Science and Technology (AJAST)
Volume 1, Issue 8, Pages 122-124, September 2017
122 | P a g e Online ISSN: 2456-883X Publication Impact Factor: 0.825 Website: www.ajast.net
Cybercrime: An Analysis from Positive Law Perspective
Ibnu Wihansyah
Master Degree in Communication Science Department, Sebelas Maret University, Indonesia. Email: ibnuwihansyah@gmail.com
Article Received: 05 August 2017 Article Accepted: 19 September 2017 Article Published: 24 September 2017
1. INTRODUCTION
Human need for internet technology is increasing. Apart from
being a medium of information providers, through internet
also commercial community activities become the largest and
rapid growth and penetrate the various borders of the country.
Even through this network market activity in the world can be
known for 24 hours. Via the internet or also called cyber
space, anything can be done. The positive aspect of this
virtual world of course adds technology development trend
of the world with all forms of human creativity. But the
negative impact cannot be avoided. When pornography
rampant in the internet media, the community cannot do
much. along with development of Internet technology,
leading to the emergence of so-called cybercrime crimes or
crimes through the Internet. The emergence of several cases
of cybercrime in Indonesia, such as credit card theft, hacking
some sites, intercepting other people's data transmission,
such as e-mail and manipulate data in ways unintended
prepare orders into computer programmer. So in the crime of
the computer is possible the offense formal and material
offense. Formal crime is the act of someone who enters
someone else's computer without permission, while material
offense is an act that causes harm to others. Cybercrime has
become a threat their stability, so the government is difficult
to compensate for the crimes committed techniques with
computer technology, especially the Internet and intranet.
This paper will discuss how to identify, understand and know
all the online activities of daily living (cyber) which has a risk
of crime (crime) to be anticipated in order to avoid loss of
both material and non-material. This analysis aims to provide
information that has been summarized from the many forms
of crime that exist in cyberspace. Know all forms of crime
risk in cyberspace so that bias is anticipated before the loss
occurs.
2. BASIC THEORY
Cybercrime born from hacking activity that has been there
more than a century. In the 1870s, some teenagers have
damaged the country's new telephone system by changing
authority. The following will show how busy the hackers
have been there for 35 years. As early as 1960 the university
facilities with the main frame of a large computer, such as
artificial intelligence laboratory (artificial intelligence) MIT,
became an experimental stage for hackers. At first, the word
"hacker" means a positive to a master computer that can
create a program beyond what it was designed to do its job.
Early 1970 John Draper made a phone call making a long
distance phone call for free by blowing the right tone into the
phone telling the phone system to open the channel. Draper
finds a whistle as a free gift in a box of children's cereals.
Draper, who later gained the nickname "Captain Crunch"
was arrested repeatedly for the destruction of the telephone in
1970. Yippie start a social movement YIPL magazine / TAP
(Youth International Party Line / Technical Assistance
Program) to help the hackers phone (called "phreaks") make
long distance calls for free. Two members of California's
Homebrew Computer Club begin making "blue boxes" tool
used to hack into phone systems. Its members, who adopted
the handle "Blue Berkeley” (Steve Jobs) and "Oak Toebark"
(Steve Wozniak), who later founded Apple Computer.
Author William Gibson early 1980 includes the term "Cyber
Space" in a science fiction novel called Neurimancer. In the
first arrests of hackers, the FBI raided the headquarters of 414
in Milwaukee (named after the local area code) after
members cause a computer break-ins 60 of the memorial
Sloan-Kettering Cancer Center to Los Alamos National
Laboratory. Comprehensive Crime Control Act gives Secret
Service jurisdiction over credit cards and fraud
Komputer.dua hackier form groups, the legion of doom in the
United States and the Chaos Computer Club in Germany.
Late 1980 of computer fraud and other abuses of members
more power to the federal authority computer emergency
response team formed by defense agencies the United States
based on the Carnegie Mellon University in Pittsburgh, its
ABSTRACT
Technology development is a necessity. Information and Communication Technology is a large dome of terminology that includes all technical
equipment for processing and conveying information. It has also caused the world's relationships to be unconstrained. It's here and now means it's
somewhere else and now. In every line of technological life present that contributes its role to the desired coveted will be better. That dream is in fact
two blades facing each other. In the body of one knife exactly each other. On the one hand technology contributes to the improvement of welfare,
progress, and human civilization. Furthermore, on the other hand, technology can be an instrument in the act against the law. With human
information technology then likes getting a vehicle to burst its criminal lust. Criminal crime by taking technology as a medium, then manifested in
various forms. These forms include hacking, cracking, and so on. Do not be surprised if for example your balance arrives – suddenly reduced, or the
bank hundreds of millions in the automatic teller machines suddenly disappeared. Technology is the last human love, so no wonder humanity is often
subject to that technology.
Keywords: Information Technology, Cybercrime and Positive Law.

mission to investigate the development of the volume of
attacks on computer networks at the age of 25, a a veteran
hacker named Kevin Mitnick secretly monitors emails from
MCI and a digital security equipment employee. he was
convicted of damaging computers and steal software and it is
declared legal for one year in prison. In October 2008
appeared something new virus called Conficker (also called
Down up Down up and Kido) that terkatagori as worm type
virus. Conficker attacks Windows and is mostly encountered
in windows XP. Microsoft released a patch to stop this worm
on 15 October 2008. Heinz Haise estimate Conficker has
infected 2.5 million PCs 15 January 2009, while the guardian
estimated that a 3.5 million PCs infected. On January 16,
2009, this worm has infected nearly 9 million PCs, making it
one of the fastest infections spread in a short time.
Cybercrime is a benthic of crimes arising out of the
utilization of internet technologies assumes some opinion
cybercrime with computer crime. The US Department of
Justice provide an understanding of computer crime as "any
illegal act requiring knowledge of computer technology for
its perpetration, and investigation ". The definition identical
to that given the Organization of the European community
development, which defines computer crime as "any illegal,
unethical or unauthorized behavior Relating to the automatic
processing and / or the transmission of data". Andi Hamzah
(1989) in his "criminal aspects in the field of computer"
defines computer crime as "Crime in the computer field can
generally be defined as the use of illegal computer". From
some of the above, in summary it can be said that cybercrime
can be defined as the unlawful act committed by using the
Internet based on the sophistication of technology, computers
and telecommunications both for profit or not, to the
detriment of the other party.
3. DISCUSSION
3.1. Typology of Cybercrime
So far in conventional crime, there are two types of crimes:
(a). Blue Collar Crime and (b) White Collar Crime. The
blue-collar crime is often understood to be criminal or
non-criminal based on conventional action. Conventional
criminal acts such as theft, rape, murder, robbery and so
forth. Whilst white-collar crime is understood as a more
specific mode of crime, the outline of this type of crime is
divided into four crime groups: corporate crime, bureaucratic
crime, malpractice, and individual crime. Cybercrime itself
as a crime that emerged as a result of the virtual world
community on the internet, has its own characteristics that are
different from the two models above. The unique
characteristics of these cybercrimes include the following:
(1) The scope of the crime, (2) The nature of the crime, (3)
The offender (4). Crime mode and (5). The types of losses
incurred. From some of the above characteristics, to facilitate
handling of the cybercrime can be classified into: (a).
Cyberpiracy. The use of computer technology to reprint
software or information, and then distribute the information
or software via computer technology. (B). Cybertrespass.
Use of computer technology to improve access to an
organization's computer system or individual (c).
Cybervandalism. The use of computer technology to create
programs that disrupt the electronic transmission process,
and destroy data computing.
In this context, the issue of the type of cybercrime will be
considered by the motive can be divided in several ways: (1)
Cybercrime as an act of pure evil. At this level, cybercrime is
understood as a crime in which a person committing a crime
is committed intentionally. So there is a very strong element
on the nature of deliberate and planned action to do so. Form
of action is vandalism, theft, and anarchy, against an
information system network or computer system. (2).
Cybercrime as a gray crime. The modus operandi of this
model crime is actually confusing to be categorized as a
crime or not. This crime is not clear between a criminal
offense or not because he committed a burglary to a system
but did not vandalize, steal or commit anarchist deeds. So the
conditions that occur in this case as safe does not happen
something to the information system or computer system.
Furthermore, (3). Cybercrime attack individuals. This
model's crime is committed against others with a vengeful or
idle motive, with the aim of damaging a person's good name,
trying or finishing someone to gain personal satisfaction. The
measure is personal satisfaction with the subject being
obsessed. Examples of cybercrime are pornography,
cyberstalking, etc. (4). Cybercrime attack the copyright
(property rights). Crimes committed on the work of someone
with a motive to double, marketing, change aimed at personal
interest / public nor by the material and non-material. (5).
Cybercrime attack the government. Crimes committed by the
government as objects with the motive of terror, pirating or
destructive security of a government that aims to disrupt the
system of government, or destroy the State.
3.2 Modus Operandi of Cybercrime
The modus operandi of cybercrime consist as: (1).
Unauthorized Access to Computer System and Service.
Crime committed by entering / infiltrated into a computer
network system illegally, without permission or without the
knowledge of the owner of the computer network system he
entered. Usually the perpetrators (hackers) do so with the
intention of sabotage or theft of important and confidential
information. However, there are also those who do just
because they feel challenged to try their skills through a
system that has a high degree of protection. This crime is
increasingly prevalent with the development of internet /
intranet technology. (2). Illegal Contents. It is a crime to enter
data or information to the internet about something that is
untrue, unethical, and may be considered unlawful or
disturbing public order. For example is the loading of a false
or slanderous report that will destroy the dignity or
self-esteem of others, matters relating to pornography or the
loading of information which is state secret, agitation and
propaganda against the legitimate government, and so on. (3)
Data Forgery. It is a crime to forge data on important
documents stored as scriptless documents over the internet.
Crime is usually directed at the documents in e-commerce by
making as if it happened "typo" that will eventually profitable
actors. (4) .Cyber Espionage. A crime that utilizing the
Internet to conduct espionage against other parties, by
entering into the computer network system (computer
network system) the target. This crime is usually directed
against business rivals whose documents or data of
importance are stored in a computerized system. (5). Cyber

Sabotage and Extortion. This crime is committed by making
interference, destruction or destruction of a data, computer
program or computer network system connected to the
internet. This crime is usually done by inserting a logic bomb,
computer virus or a particular program, so that the data,
computer programs or computer network system can not be
used, is not working properly, or run as desired by the
perpetrator. In some cases after it occurs, the offender offers
to the victim to repair the data, computer program or
computer network system that has been sabotaged, of course
with a certain fee. These crimes are often referred to as
cyberterrorism. (6). Offense against Intellectual Property.
This crime is directed against Intellectual Property Rights
owned by others on the internet. An example is the
impersonation of the display on the web page of another
person's site illegally, broadcasting an information on the
internet that turns out to be someone else's trade secret, and so
on. (7). Infringements of Privacy. This crime is directed
against personally identifiable information. These crimes are
usually directed against the private information a person
stored in the form of personal data stored in computerized,
which if known by others it can be victims of harmful
material or immaterial, such as credit card number, ATM PIN
number, disability or illness hidden and so on. (8). Cracking.
Crime by using computer technology is done to damage the
system of the security of a computer system and usually do
the theft, anarchist action so that gaining access. Usually we
often misinterpret between a hacker and a cracker in which
the hacker himself identetik with negative actions, but
hackers are people who love to program and believe that the
information is something that is very precious, and nothing is
to be published and confidential. (9). Carding. It is a crime by
using computer technology to conduct transactions using
another person's credit card so that it can harm the person
either material or non material.
4. END OF DISCUSSION
To cope with the increasingly widespread Internet crime it
requires an awareness of each country will the dangers of
internet abuse. then the following is the step or way of
handling globally: (1). The modernization of national
criminal law along with its procedural law is harmonized
with international conventions relating to such crimes. (2).
Increased security standards nationwide computer network
system in accordance with international standards. (3) To
improve the understanding and expertise of law enforcement
agencies regarding prevention, inventigasi, and prosecution
of cases that relate to cybercrime. (4). Increase citizen
awareness about the dangers of cybercrime and the
importance of crime prevention . (5) Enhance cooperation
among States in the field of technology regarding cybercrime
law violations. Enforcement of cybercrime especially in
Indonesia is influenced by five factors: the Law, the
mentality of law enforcement officers, community behavior,
infrastructure and culture. The law can not be upright by itself
always involves human in it and also involves human
behavior in it. The law also can not erect by itself without the
existence of law enforcers. Law enforcement is not only
required for professionals and smart in applying legal norms
but also dealing with someone and even a group of people
suspected of committing a crime. With seiringnya the times
and the development of the world of crime, in particular the
development of cybercrime is increasingly worrisome, law
enforcement agencies are required to work hard for law
enforcement become the main subject of the fight against
cybercrime. For example, UN Resolution No.5 of 1963 on
efforts to combat the misuse of Information Technology on
December 4, 2001, gives an indication that there is a serious
international problem, serious and must be addressed. The
Code of Penal (Penal Code) is still used as the legal basis for
capturing cybercrime, in particular the type of cybercrime
that meets the elements in the articles of the Criminal Code.
Some of the legal grounds in the Criminal Code used by law
enforcement officers include: (1). Article 167 of the Criminal
Code, (2). Article 406 paragraph (1) of the Criminal Code,
(3). Article 282 of the Criminal Code, (4). Article 378 of the
Criminal Code (5) Article 112 of the Criminal Code, (6) of
Article 362 of the Criminal Code, (7) of Article 372 of the
Criminal Code. In addition to the Criminal Code, there are
Laws related to this matter, namely Law No. 11 of 2008 on
Information and Electronic Transactions (EIT Law), where
the rules of crime that occurred therein proved to threaten the
internet users. Since the enactment of Law No. 11 Year 2008
on Information and Electronic Transactions on 21 April
2008, has caused many victims. Based on the monitoring that
has been done by the author at least there are 4 people who
called the police and became a suspect for allegedly
committing a crime stipulated in the Law on EIT. The
suspects or victims of the EIT Act are active internet users
who are accused of insulting or related to the contempt
content on the internet. (attached data) People who are
charged under the EIT Law will all be exposed to the
possibility of article 27 paragraph (3) in conjunction with
Article 45 paragraph (1) of the Act EIT namely the threat of 6
years in prison and a fine of 1 billion rupiah. EIT Law can be
used to beat all activities on the internet without exception
journalists or not. Because the formula is very flexible.
REFERENCES
[1] Barda Nawawi, Arief (2005) Renewal of Criminal Law
In Perspective of Comparative Study, Bandung: Citra Aditya.
[2] (2006) Criminal Act Development of Cybercrime Study
in Indonesia, Jakarta: Raja Grafindo Persada.
[3] Mahayana, Dimitri, (2000). Picking Future, Futuristic
and Community Engineering Towards a Global Era, Rosda,
Bandung.
[4] John Nasibitt, Nana Naisbitt and Douglas Philips,
(2001). High Tech, High Touch, Search Meaning in the
Middle of Rapid Development of Technology, Mizan,
Bandung.
[5] Sudarto (1986). Law and Criminal Law, Bandung:
Alumni.
[6] Wiener, N. (1948), Cybernetics: or Control and
Communication in the Animal and the Machine, New York:
Technology Press / John Wiley & Sons.

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