Research Article
Cybercrime Policies: Juridical Evidence and Law Enforcement Policies
@INPROCEEDINGS{10.4108/eai.26-9-2020.2302579, author={Dwi Nurahman}, title={Cybercrime Policies: Juridical Evidence and Law Enforcement Policies}, proceedings={Proceedings of The International Conference on Environmental and Technology of Law, Business and Education on Post Covid 19, ICETLAWBE 2020, 26 September 2020, Bandar Lampung, Indonesia}, publisher={EAI}, proceedings_a={ICETLAWBE}, year={2020}, month={12}, keywords={cybercrime proof law enforcement}, doi={10.4108/eai.26-9-2020.2302579} }- Dwi Nurahman
Year: 2020
Cybercrime Policies: Juridical Evidence and Law Enforcement Policies
ICETLAWBE
EAI
DOI: 10.4108/eai.26-9-2020.2302579
Abstract
This Study is oriented to know the legal aspects of Cybercrime Proving and law enforcement policies against cybercrime. This Study uses the method of Sociological Law Research (socio-legal research). The legal aspects of Cybercrime Proving have been firmly regulated in several laws and regulations in positive law in Indonesia, namely: Indonesian Criminal Procedure Code, Act Number 19 of 2016 concerning Amendments to Act Number 11 of 2008 concerning in Information and Electronic Transactions, Decision of the Constitutional Court Number 20/PUU-XIV/2016 and so on. Provisions regarding cybercrime are also regulated in international regulations namely the 2001 Convention on Cybercrime initiated by the European Union. The European Council Convention as the Protection of Human Rights in overcoming cybercrime, without reducing the opportunity for each individual to continue to develop their creativity in developing information technology. The policy of law enforcement against cybercrimes carried out with an approach that is both penal and non-penal. Seen from the perspective of criminal policy, cybercrime prevention efforts certainly cannot be done partially with criminal law (penal), but must also be taken with an integral/systemic approach or a preventative approach (non-penal).
