PENEGAKAN HUKUM TERHADAP PELAKU TINDAK PIDANA SIBER TENTANG AKSES ILEGAL DI INDONESIA

Abstract

Cybercrime, especially illegal access, has become a serious problem along with the rapid development of information and communication technology (ICT). This phenomenon causes significant material and immaterial losses for individuals, corporations, and the state, as evidenced by various cases of illegal access in Indonesia such as ASN data leaks and hacking of state institution sites. This study aims to analyze in depth the enforcement of the law against perpetrators of illegal access crimes in Indonesia, examining the obstacles faced. This study uses a normative legal research method by examining related laws and regulations. The results of the study show that the enforcement of the law on illegal access in Indonesia is based on Article 30 of the ITE Law which expressly prohibits unauthorized access to electronic systems, obtaining electronic information illegally, and breaking into security systems. Criminal sanctions for imprisonment and fines are regulated in Article 46 of the ITE Law. With the enactment of the new Criminal Code (Law No. 1 of 2023), the provisions on illegal access are now also regulated in Article 322 paragraph (3), indicating the harmonization of cyber criminal law.