PERTANGGUNG JAWABAN PIDANA TERHADAP KEJAHATAAN HACKING

Abstract

Rapid advancements in information technology have significantly contributed to the escalation of cybercrime incidents, particularly hacking, which poses serious risks to individual data security and national resilience. The hacking activities associated with Bjorka highlight the fragility of Indonesia’s data protection framework. This research seeks to examine the scope of criminal responsibility imposed on hacking offenders under Indonesian criminal law while also assessing the government’s effectiveness in mitigating such offenses. Employing a normative legal research method, the study adopts statutory, conceptual, and case-based approaches, drawing on primary, secondary, and tertiary data sources analyzed through qualitative techniques. The research indicate that individuals involved in hacking may be prosecuted under Articles 30 and 46 of Law No. 1 of 2024 concerning Electronic Information and Transactions (ITE Law), facing potential imprisonment ranging from six to eight years and/or monetary penalties between IDR 600 and 800 million, in addition to possible supplementary sanctions. The Indonesian government has taken steps by establishing regulations such as the Electronic Information and Transactions Law, the Personal Data Protection Law, and the Telecommunications Law, as well as by increasing the capacity of law enforcement officials, providing digital forensics training, and engaging in international cooperation.