Harmonization of Cyber Crime laws with the Constitutional Law in Indonesia

被引:3
|
作者
Amin, M. Erham [1 ]
Huda, Mokhamad Khoirul [2 ]
机构
[1] Univ Lambung Manggkurat, Dept Law, Banjarmasin, Indonesia
[2] Univ Hang Tuah, Fac Law, Surabaya, Indonesia
来源
关键词
Harmonization; Cyber Crime; Constitutional Law; Indonesia;
D O I
10.5281/zenodo.4766534
中图分类号
DF [法律]; D9 [法律];
学科分类号
0301 ;
摘要
The current study aimed to examine the harmonization of cybercrime in the Indonesian constitutional law by reviewing its status. The focus of this study was on different aspects of cybercrime in the constitutional law and to find out the extent to which harmonization of cybercrime has taken place. The study adopted sociological research approach along with the application of the theory of law enforcement. The legal aspects of law enforcement policies for cyber security and proving cybercrime were used to conduct the review and analysis. These legal aspects are firmly documented in various Indonesian regulations and laws, such as Indonesian Criminal Code, Act 11 of 2008, Act 19 of 2016, and the Constitutional Law code number 20/PUU-XIV/2016. The 2001 Convention on the cybercrime proposed by European Union had emphasized the harmonization of Indonesian cybercrime regulations with the international regulations and constitutional law. The policies of law enforcement that were to be harmonized and applied for cybercrime minimization involved both penal and non-penal approaches. Some of the policies were strictly specific to the public sector, or the private sector or the military so there is yet a significant requirement of further harmonization of the cybercrime, in the constitutional law while focusing on all of the sectors and bodies equally.
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页码:79 / 94
页数:16
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