Pemberatan Sanksi Pidana pada Tindakan Peretasan Situs Milik Dewan Kehormatan Penyelanggara Pemilu Indonesia (Criminal Sanction Aggravation for Hacking of Sites Owned by Indonesian Election Organizer’s Honor Board)

Shadily, Felicia and Lisanawati, Go and Setiawan, Peter Jeremiah (2024) Pemberatan Sanksi Pidana pada Tindakan Peretasan Situs Milik Dewan Kehormatan Penyelanggara Pemilu Indonesia (Criminal Sanction Aggravation for Hacking of Sites Owned by Indonesian Election Organizer’s Honor Board). Dialogia Iuridica Journal, 15 (2). pp. 53-77. ISSN 2085-9945; E-ISSN 2579-3527

PDF Go Lisanawati_Pemberatan Sanksi Pidana.pdf Download (1MB)

Abstract

This article was prepared based on the case of a person with the initials H who hacked a website belonging to the Election Organizer Honorary Council (DKPP). Due to his actions, the court found H guilty of committing a criminal act, without considering the aggravating elements as regulated in the criminal provisions. Based on these issues, the case study in this article aims to examine the application of criminal law penalties for hacking DKPP sites in the criminal provisions of the Law on Electronic Transactions and Information. Based on the normative juridical method and in accordance with the statutory regulatory approach and conceptual approach, H should be proven to fulfill the aggravation element with the addition of one third of the main criminal threat. This was because H hacked intentionally and without the right to change, add, subtract, or hide electronic information belonging to the government, namely the site www.dkpp.go.id. The site belongs to a government agency that has duties and authority regarding violations of the code of ethics by election organizers. The site is also used for various public services related to violations of the code of ethics by election organizers, including complaints and various information services related to DKPP and its duties and authorities.

Item Type:	Article
Uncontrolled Keywords:	Criminal Aggravation, Cyber Crime, Hacking
Subjects:	K Law > K Law (General)
Divisions:	Faculty of Law > Department of Law
Depositing User:	Ester Sri W. 196039
Date Deposited:	06 May 2024 05:52
Last Modified:	06 May 2024 05:52
URI:	http://repository.ubaya.ac.id/id/eprint/46324

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