The Effectiveness of The Imposition of Prison Sentences of Fines For Perpetrators of Electronic Technology Information Violations

Siregar, Gomgom. T. P and Lubis, Muhammad Ansori (2020) The Effectiveness of The Imposition of Prison Sentences of Fines For Perpetrators of Electronic Technology Information Violations. Virtual Conference on Social Science in Law Political and Economic Development: 11.

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Abstract

Law No. 11/2008 on ITE is a regulation made aimed at regulating the behavior of internet users in cyberspace so that
they cannot do as they want to which can cause harm to other internet users. The imposition of criminal sanctions for
cybercrime cases is seen as one of the ways that can be expected to eradicate cybercrime. But in fact, the application of
criminal sanctions in the form of prison or fines has not been able to create a deterrent effect and cannot be a benchmark
for people not to commit crimes But the fact is, the application of criminal sanctions in the form of prison or fines has not
been able to create a deterrent effect and cannot be a benchmark for people not to commit cybercrime. This research
used normative legal research methods, sourced in secondary data consisting of primary, secondary, and tertiary legal
materials. The data analysis used was qualitative analysis. The results of this research were first, that the form of actions
that were included in the category of cybercrime according to Law No. 11 of 2008 can be categorized into Cyberpiracy,
Cybertrespass, Cybervandalism. Second, that the application of prison sentences or fines to cyber criminals through the
criminal provisions contained in ITE Law (Law No. 11 of 2008 jo Law No. 19 of 2016) which is stipulated from Article 45
to Article 52, the provisions of imprisonment or fines in its implementation have not run in the maximum. Third, that law
enforcement barriers for ITE criminals can be categorized into internal barriers and external barriers. Internal obstacles
were seen from the internal institutions of the National Police of the Republic of Indonesia such as lack of human
resources, and not the update of the facilities and infrastructure of POLRI Information Technology making it difficult to
conduct investigations and investigations of cybercrime.

Item Type: Article
Subjects: K Law > K Law (General)
Divisions: Fakultas Hukum
Depositing User: r editor
Date Deposited: 27 Sep 2021 13:47
Last Modified: 27 Sep 2021 13:47
URI: http://repository.darmaagung.ac.id/id/eprint/97

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