INTRODUCTION
The progress of an information system has forced a
revolution in many ways, including news spread. For example, in the past,
everyone could enjoy tea in the morning while waiting for the newspaper
delivery with the latest news to arrive. All information is listed in
newspapers that are sold from morning to evening. Now, only by opening a device
through an internet connection can anyone access news through the news portals
that have been provided, without the need to wait and turn pages one by one (Stevenson, 2010). this is only as
far as the fingers play to turn the page and look for other news.
Not only that, another thing that is also very
visible in the impact of the changes is when someone can talk and even see each
other by using video calls on the available applications. In the past, meeting
each other who were separated by distance took time. We are getting easier to
connect with anyone as long as there is the internet, an infinite world (Cyber
Space).
Cyberspace terms cannot be separated from work
by Novelist science fiction named William Gibson. In one of his works entitled
Neuromancer this term by William intends to describe or show a form of virtual
hallucinations. He realized that a new room (space) emerged due to the
electrically conducting wire media (cyber) connection, bringing together
computer systems and telecommunications systems in electronic system activity.
Increasingly, this term has become popular for communication from computer
networks, which later became a global computer system network (William, 1984). Moreover,
professionals in threat intelligence and cybersecurity concur that internet
crime is growing exponentially (Cascavilla et al., 2021).
The threat of crime in the cyber world is not
just a figment. Indonesia is increasingly massive, and the enactment of
Electronic Identity Cards (E-KTP), mobile banking, and e-commerce provides an
opportunity for criminals to misuse sensitive data. According to their needs,
the realization of the E-KTP is a personal data recording program launched by
the government (Latumahina, 2014).
Cases regarding crimes in cyberspace are indeed
very diverse. If examined, the backgrounds of the perpetrators may vary. Some
are just for fun, some intend to penetrate security to test a system, and the
worst is those who commit crimes to gain and make a person suffer certain
losses. In October 2021, the site of the National Cyber and Crypto Agency
(BSSN) experienced a deface in which there was a change in its appearance of a
site. BSSN admits that there is no important data related to disturbing public
interests. The deface attack allegedly occurred in retaliation because,
previously, someone from Indonesia hacked the Brazilian state website (CNN, 2021).
Furthermore, in the account burglary case in
early February 2020, the victim was a senior journalist named Ilham Bintang,
who had an account burglary by eight professional hackers. This case occurred
by duplicating a telephone number where the last telephone number had been dead
for a long time (not valid). This telephone number duplication was using the
Population Identification Number listed on the victim's ID card; at that time,
the victim himself was in Australia. Furthermore, with the new number they
already have, the perpetrators replace the electronic mail account (email) so
that from there, it allows the perpetrators to get the victim's new password.
In this way, the hackers can also see the bank data owned by the victim and
scoop up rupiah coffers from the victim's account (Velarosdela, 2020).
Cybercrime is indeed continuous with the
increasing growth of telephone users. This makes the government get an
additional burden with the emergence of this phenomenon, and the government
must be busy and alert in dealing with internet network traffic. Internet
installation in the form of levelling and improving facilities in each region
includes effective oversight and regulation in the face of these developments (Hill, 2009).
Some of the above trigger the National Police,
as a state institution tasked with protecting the public, to take a brilliant
idea by conducting Cyber Patrols to provide maximum protection, which is
tasked with monitoring all activities in cyberspace through various social
media and platforms and ready to receive reports from those who have been or
are being victims of cybercrimes.
METHOD
In this study, the
normative research method was used by examining each article, its rules and
application, and combining it with a literature study by analyzing books,
journals, papers, print media, and online news related to the Cyber Patrol. The
target data collected is related to cyber cases, prosecution, and prevention,
then the existence of the Cyber Patrol, especially concerning the efforts
made by the Cyber Police.
RESULTS AND DISCUSSION
A. Cyber Crime and the Importance of
Data Protection
Humans are indeed intelligent and unique
creatures. At the same time, humans are creatures who love to cause problems.
How not, in reality, the existence of the law exists to regulate human
behaviour. The existence of order, tolerance, security, and harmony cannot be
separated from the presence of law in human life. Even like that, there are
still many people who still commit violations and act against the law. If the law
can be found in real-world criminal acts, such as robbery, fraud, humiliation, persecution,
and so on, it comes through the Criminal Code and other regulations that
specifically regulate it. Now, with the internet's presence and the virtual
world's existence, problems seem to start moving from a real place to another
place called cyberspace.
Advances in technology and information
are increasingly rapidly giving birth to a variety of behaviours, both
negatively and positively. From there, Law Number 11 of 2018 was born, later
changed to Law Number 19 of 2016 concerning Information and Electronics. This
law is not due to ordinary things, but the various phenomena in cyberspace have
become the background of why this law was born.
Today, violations of the use of the
internet in cyberspace have entered a growing stage, meaning that when one of
the internet users harms and damages the activities of others, which often
results in losses, one of which is data breaches. Data includes facts,
communications or opinions relating to confidential, private, or sensitive
individuals so that the data owner wants to keep and restrict other parties
from collecting, using, or distributing it (Sautunnida, 2018).
Regarding data protection and privacy,
Samuel Warren and Lois Brandeis wrote the legal conception of the right to
privacy in Harvard Law Review Vol. IV No. 5, 15 December 1980. The article
entitled "The Right To Privacy" was the first to conceptualize the
right to privacy as a legal right (Warren & Brandeis, 2013). From this, it can
be seen that the existence of legal rights must be protected.
Cybercrime case does not only occur in
Indonesia but throughout the world. A case occurred in 2017 regarding the theft
of data by a supermarket employee in the UK. The perpetrator, Andrew Skelton,
stole employee salary data and used the data for personal purposes. In this
case, Morrisons, the head of the supermarket, argues that the supermarket
cannot be prosecuted because it happened not because of the will or orders of
the company but purely a crime committed by an individual. But in the end, the
British High Court ruled that the company remains responsible for criminal acts
committed by its employees (Corfield, 2018). It can be seen
from this case that data entry can indeed lead to other criminal cases, such as
burglary, hacking, or phishing.
The parts of Cyber itself exist in
several forms: Cyber Crime is a form of virtual crime that utilizes computer
media connected to the internet that exploits other computers that are also
connected to the internet. Cyber Threat, a threat here, is defined as a
threat in the operation of information that interferes with confidentiality and
availability. Cyber-attacks, you could say, are the realization of previous
threats, intentionally disrupting the confidentiality, integrity, and
availability of information physically and logically in the information system.
Cyber Security is every effort to protect and minimize interference with the
confidentiality of information; last is Cyberlaw, which is a form of legal
protection related to legal subjects, namely individuals who take advantage of
the technology and information they use, such as the ITE Law as an example.
B. Cyber Patrol A Breakthrough in
Monitoring and Ordering Cyberspace
1. Police Flexibility
In practice, the police must be
professional and always ready to deal with any symptoms in the community and
must be able to become a flexible agency by following the times and adapting
them. From a sociological point of view, there will always be related to a
position (status) thus, understanding the role of the National Police cannot be
separated from its position in the constitutional system adopted (Ismail, 2011).
In a democratic system, the function of
the police can be grouped into three functions that demand character and ways
of working with each other: fighting crime, protecting citizens and maintaining
public order (preservation of law and order) (Ismail, 2011). From these police
functions, four roles must be carried out: the role of the law enforcement
agency, the role of maintaining order (law and order maintenance), the role of peacekeeping
official, and the role of (public servant). These four roles lead to the output
of protecting (to protect) and serving (to serve) so that the police as
guardians of civil values in a climate of democratic life can be realized (Ismail, 2011).
One of the Cyber Police
establishments began by issuing a circular letter from the National Police
Chief, namely (SE) No. SE/2/11/2021 concerning Ethical Cultural Awareness to
Create a Clean, Healthy, and Productive Digital Space for Indonesia. The SE is
a decision to follow up on the President's request for the police to be more
selective in handling cases of alleged violations of Law No. 11 of 2008 as
amended by Law No. 19 of 2016.
Some of the points outlined by the
National Police Chief, which are expected to be realized by the ranks below
him, are: (Circular Letter of the Chief of Police No. Se/2/11/2021) First,
following the development of the use of digital space which continues to
develop. Second, understand the ethical culture that occurs in the digital
space by taking an inventory of various problems and impacts that occur in
society. Third, prioritizing preemptive and preventive efforts through virtual
police and virtual alerts aimed at monitoring, educating, giving, warning, and
preventing the public from potential cybercrimes. Fourth, in receiving public
reports, investigators must distinguish between criticism, input, hoaxes, and
defamation that can be punished. Fifth, after receiving the report, the
investigator must communicate with the parties, especially the victim (not
represented) and facilitate by giving the widest possible space to the
disputing parties to mediate. Sixth, investigators conduct comprehensive
studies and case titles on cases handled involving elements of the Criminal
Investigation Agency, or the Directorate of Cyber Crime can go through zoom
meetings and make collegial collective decisions based on existing facts and
data. Seventh, investigators have the principle of criminal law to be the last
resort in law enforcement and prioritize restorative justice in handling cases.
Eighth, parties and victims who take peaceful steps become part of the priority
of investigators to carry out restorative justice. Ninth, no detention is
carried out for the victim whose case still wants to go to court, but the
suspect has apologized and is aware of his actions. Before the file is
submitted to the Public Prosecutor (JPU) to be given space for mediation again.
Tenth, investigators should coordinate with the public prosecutor in its
implementation, including providing advice on the implementation of mediation
at the prosecution level. Eleventh, to carry out supervision in stages on every
investigation step. Then give rewards and punishments for continuous
assessment.
Furthermore, the National Police Chief
provides a classification of ITE Law cases that can be resolved through
restorative justice efforts, namely defamation, slander and humiliation, by
issuing the National Police Chief's Telegram Letter No. ST/339/II/RES
1.1.1/2021 regarding guidelines for Handling Cyber Crime Cases using the ITE
Law. This telegram was issued on 22 February 2021. Various parties strongly support
this effort, one of which is the National Police Supervision Commission; its spokesman
Poengky Indarti said that the circular needs to be understood and used as a
guideline for the implementation of Police investigators to always prioritize a
preventive attitude in ITE Law cases, especially cases that are mild and can
forgive each other. Despite other cases that have the potential to divide the
nation, such as the SARA issue, hoaxes need to be followed up by legal
processes to achieve legal certainty (Halim, 2021).
2. The Existence of Cyber Police in
Conducting Cyber Patrols in Providing Security and Convenience in the Virtual
World
Cyber Police conduct Cyber Patrol
activities by monitoring every activity in the virtual world, especially
through social media and various other platforms. In the domestic scope, the
efforts made by the National Police in tackling the occurrence of cybercrime
have made several efforts, namely (Utomo & Putranti, 2016):
a)
Respond to and receive every report
from the public on cybercrime allegations and record every case handled against
the report.
b) Conduct
online investigations (via the internet/virtually) against crimes using social
networks, email and e-commerce.
c)
Coordinating with the Ministry of
Communication and Information
d) Cooperating
in the banking sector, especially with Bank Indonesia, to avoid fake accounts
used by criminals.
e)
We urge the public always to use the
internet safely.
f)
It is improving the understanding and
training of Indonesian Police expertise in cybercrime by sending its members to
training and courses in several developed countries.
The efforts and activities carried out
by the police in improving Cyber security so far have had many significant
impacts through arrests and the disclosure of causes related to cybercrimes. In
December 2019, the Cyber Police arrested Ransomware perpetrators at companies
in the USA. The perpetrators spread or blast emails to potential victims
containing a link that has been installed crypto locker, which can cause the
mail server system at a company to be encrypted at a company, and the
perpetrator directs the victims to open the link. If a company eats the bait,
the perpetrator asks for a ransom in cryptocurrency so that the webmail server
can be reused (Cyber Police, 2022).
Another example can also be seen
through fraud cases under the guise of online loans, and the perpetrator
pretends to be the party who will provide online loans. Still, if someone is
interested, then the person is asked for some money as administrative funds.
After the money is given, the perpetrator disappears and immediately decides to
communicate with the victim by blocking the victim's contact number. It did not
take long. After receiving the report, the Regional Police Force Cyber
Sub-Directorate team conducted further searches and found the perpetrator's
location in a village in South Sulawesi Province. It is conceivable how
communication technology allows someone to make money by fraudulent means
without having to meet and regardless of distance. From the search, one of the
interesting things was finding evidence, namely a box of starters (Cyber Police, 2022). This indicates
that the perpetrators use many numbers to eliminate traces and make tracking
difficult. Unfortunately, it is not easy; law enforcers always try to be 1 step
ahead of the criminals.
In addition, to promote preventive
action, the National Police also uses a method of activity called public
relations on the internet by delivering information virtually. Implementing
cyber public relations is considered a key component in supporting and
succeeding the Indonesian National Police program, especially regarding
countering negative opinions on social media related to Tohate speech. The
National Police prioritizes a persuasive approach with a gentle approach rather
than being carried out utilizing violence which usually will only be carried
out if conditions are out of control.
CONCLUSION
Globalization era progress and
the advancement of technology in the dissemination of information has become a
fact that the flow of the industrial revolution cannot be dammed and continues
to progress. The best choice is to respond well to these flows. Cybercrime needs
serious attention for anyone; the existence of deviant behaviour from a group
of people or individuals who use technology and cyberspace to commit crimes for
personal gain tends to cause losses to other parties.
Understanding and knowledge of
the importance of data protection is one thing that must continue to be
improved, the government with all efforts, both through legislation and direct
guidance through outreach to the public. It is an effort that needs to be
appreciated and must continue to be maximized. Still, on the other hand, it has
people should be aware and control of their behaviour on the internet because
nowadays, our fingers can do anything, and can be anything in cyberspace,
whether it be a positive thing or it has a negative impact on themselves and
others. Elaboration between the community and government organs must go hand in
hand to create security and comfort on the internet.
The police, as agencies that
bridge this matter, are also not tired of continuing to work and provide
innovation in dealing with every symptom and phenomenon in society. With the
presence of the Cyber Police, it is hoped that they will be able to create
comfort in using social media and other platforms. At the same time, the
National Police continues to monitor and train its members to provide a preventive
attitude in dealing with cases that occur in cyberspace. Thus, it can be said
that the Cyber Police is not only tasked with handling public complaints or
reports but also for prevention through socialization and cyber public
relations to ensure that the public gets good information and prevent the
circulation of hoaxes. Hopefully, this will continue to grow and provide more
benefits to the general public.
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