Executive Summary

INDONESIAN NATIONAL POLICY IN COMBATING CYBER-CRIME

I. Backr!u"#
1. The utilization of internet technology (or information technology) has become an
integral part of peoples activities. Such development brings both positive and negative
impacts at the same time. Internet makes it possible for people to do business in such a
ay that has been never done before. It can be found in a form of online trading! here
people trade in a "virtual market#. The transaction is really there! but the physical market
is not really there.
$. The development! hich creates a ne "virtual orld#! hoever! also creates a
ne realm for crimes to be committed. This brings a ne kind of threats to the security
and stability of the people in the orld.
II. T$e T$reat%
II. A. C!mm!" &!'a& t$reat%
%. &yber and other computer related crimes have been knon to the orld since
the inception of internet technology. The realm of virtual orld has created the so called
a ne breed of crime acts. Those crimes ranging from the spreading of computer
viruses! hich 'eopardizes local computer system! then in its advancement 'eopardizes a
particular computer netork up to the threats of cyber(terrorism.
). In narro sense! *sing internet or cyberspace to commit crime can be found in
the forms of crime against online banking that includes credit card fraud! personal
account thefts! and a particular banks forgery.
+. In broader conte,t! Internet! computer netork (both local and ide area) as the
target of a criminal act can be found in the forms of hacking! cracking! database
deconstruction! netork stability! spoofing and deployment of tro'an viruses ith
intended damaging impact.
II. B. I"#!"e%ia(% c$a&&e"e i" cy'er %ecurity
-. To date! the most common cyber and other computer related crimes knon to
Indonesia are hacking! cracking! &redit card fraud! Internet .anking. /ccording to the
survey by the &lear&ommerce! in $00$ Indonesia is the "second best# in the term of
country of origin of carders in the orld! after *kraine. 1hereas in $00%! Indonesia as
the first in the term of credit card fraud in the orld.
2. The most recent modus of cyber(crime found in Indonesia is counterfeit online
transaction. This is done by the deployment of a false online store ebsite to attract
buyers. 3nce a deal as made and a potential buyer transferred the money to a fake
seller! the buyer got nothing but a missing a particular amount of money.
4. &hallenges that is faced the 5overnment of Indonesia in dealing ith cyber and
other computer related crime are (i) the lack of resilient and reliable technical
infrastructure (the internet connection is relatively slo and e,pensive)! (ii) the lack of
human resources skill! especially those of la enforcement agencies in the term of
ade6uacy in information technology! (iii) the lack of legal basis to regulate cyber security.
III. I"#!"e%ia" Nati!"a& P!&icy
III. A. Ge"era& c!"ce)t !* I"#!"e%ia" Nati!"a& I"*!rmati!" Sy%tem P!&icy
7. 5iven such threats and challenges! the 5overnment of Indonesia is developing a
national information system that covers to ma'or infrastructures! i.e. (i) the fundamental
infrastructure! hich mainly consists of human resources and regulation and (ii)
technical infrastructure! hich mainly consists of netork security! application as ell as
content and data center protection.
10. /t national level! both infrastructures are aimed at the establishment of an "e(
Indonesia# hich ill cover e(5overnance! e(8earning! e(.anking! e(&ommerce! e(
9ealth and e(:inance.
11. Indonesias ;ational Information System <olicy ill enable all stakeholders in
Indonesia to collaborate in establishing a secure and resilient information system society
in Indonesia. This ill also include promoting aareness of Indonesian people on
information technologys security. That ay! cyber and other computer related crimes
can be minimized.
III. B. Lea& 'a%i%
1$. &urrently! in deploying its national information system! the establishment of a
legal basis for national information system policy is the focus of the Indonesian
5overnment to deal ith threats that emerge in relation ith cyber and other computer
related crime.
1%. Indonesia is currently finalizing a draft a 8a on Information Technology and
=lectronic Transaction (IT=T). This draft 8a is to be the first Indonesian regulation ith
regard to the utilization of information technology and electronic transaction. This 8a
provides all la enforcement agencies in Indonesia ith legal definition on matters
related to information technology.
1). The draft 8a covers regulation on the folloing matters>
a. =lectronic documents and information?
b. &omprehensive security of electronic mail?
c. =lectronic signatures?
d. =lectronic system services?
e. =lectronic transaction?
f. Intellectual <roperty @ights?
g. <rivacy?
h. :orbidden activities related to cyberspace?
i. Aispute settlement?
'. The @ole of the 5overnment?
k. The @ole of civil society?
l. Investigation! and due process of la? and
m. &riminal procedures.
1+. The draft 8a encompasses violations as the folloings>
a. 1ebsite content abuses! hich include child pornography! violation of the
intellectual property rights.
b. &rimes related to electronic transaction! hich include credit card fraud!
multilevel marketing fraud! and ebsite forgery.
c. 3ther cyber and computer related crimes such as cracking! denial of
services attack! virus spreading! hi'acking! backdoor attacking! etc.
1-. Such legal basis is needed to create la supremacy and to be used by la
enforcement agencies to deal ith cyber and other computer related crime. 3ne
e,ample is that given the advancement of IT! evidence to be brought before the court
may be present in digital form! such as data from a hard(drive! e(mails! and other
electronic documents. &urrent Indonesias <enal &ode has yet to recognize digital and
electronic formats as valid evidence.
12. 9oever! in addition to Indonesias <enal &ode! there are other Indonesias 8as
and @egulations! hich can be used as basis to prosecute cyber and other computer
related crimes. Those are the (i) 8a ;o. 17 of $00$ on Intellectual <roperty @ights! (ii)
8a ;o. %- on 1777 on Telecommunication! (iii) 8a ;o. 4 of 1772 on the Security of
&ompany Aocuments! (iv) 8a ;o. $+ of $00% on Boney 8aundering! and (v) 8a ;o.
1+ of $00% on the &ombating Terrorist /cts. Those 8as have recognized digital and
electronic formats of evidences to be used in a proceeding.
14. The enactment of future 8a on IT=T ill provide the court ith a stronger
certainty and basis to accept evidences presented in digital and electronic formats! since
it is specifically drafted to deal ith cyber(crime.
17. In addition! the 5overnment of Indonesia is also finalizing a draft 8a on Transfer
of :unds! hich! although does not specifically covers cyber(crime! can be used as a
basis in dealing ith cyber(crime. This draft la encompasses security in transfer of fund
hich is done by ire! electronic as ell as online.
$0. To implement such 8as once they have been enacted! the 5overnment of the
@epublic of Indonesia is also preparing drafts 5overnment @egulation and Binisterial
@egulation as follos>
a. Araft 5overnment @egulation on =lectronic System <rovider.
b. Araft 5overnment @egulation on =lectronic &ontract.
c. Araft 5overnment @egulation on =lectronic &ertification.
d. Araft 5overnment @egulation on =lectronic Signature.
e. Araft 5overnment @egulation on &ompetence &ertification /gency.
f. Araft Binisterial @egulation on Aomain ;ames.
g. Araft Binisterial @egulation on the 5uidelines of the &ertification /uthority
<rovider in Indonesia.
III. C. Tec$"ica& Rea&m
$1. 3n technical realm! the Aepartment of &ommunication and Information
Technology! in cooperation ith the Indonesian ;ational <olice and the Internet
&ommunity (the Indonesian Internet <roviders /ssociation) is currently orking on the
establishment of Indonesian Security Incident @esponse Team on Internet Infrastructure
(IA SII@TI) as the Indonesian computer emergency response team.
$$. Its vision is! among others! to create a disturbance free environment of internet
infrastructure in Indonesia. Its mission is to increase netork security of internet
infrastructure! enhancing online transaction security! supporting la enforcement
agencies in dealing ith cyber(crime! and enhancing strategic partnership ith other
relevant agencies both nationally and internationally in dealing ith cyber security.
III. D. +$at ,e(ve #!"e %! *ar
$%. In addition to the enactment of 8as related to cyber(crime! the 5overnment of
Indonesia has established a 1orking 5roup on Trans(;ational 3rganized &rime in $00+.
The 1orking 5roup consists of four committees? one of them encompasses cyber crime.
In con'unction! the Indonesian ;ational <olice also established its special cyber crime
unit.
$). 1ith the aforementioned 8as and regulations! Indonesian la enforcement
agencies have succeeded in dealing ith cyber and other computer related crime. Those
are! among others>
a. In $00+! Indonesian ;ational <olice arrested Br. Aani 9ermansyah and
brought him before the la for the crime of defacing the ebsite of
Indonesian 5eneral =lection &ommission (Komisi Pemilihan Umum C
D<*).
b. In the same year! Indonesian national police also arrested and
prosecuted Br. Steven 9aryanto ho committed an online banking
ebsite forgery! in an attempt to steal personal account records of the
.ank &entral /sia in Indonesia.
c. In $00-! &yber(crime unit of the Indonesian ;ational <olice intercepted
an attempt to recruit ne member by the Eamaah Islamiyah using internet
(online recruitment).
III. E. +$at ,e %$!u&# 'e a,are !*
$+. There is threats of cyber(terrorism! hich may resulted in catastrophe by the
misuse of internet by terrorist group or an attack to an important datacenter or computer
netorking system! hich support vital infrastructure. This may include among others
attack to computer system and netork of the air traffic control! instrument landing
system! and flight records. /ttention should also be paid to computer netork of nuclear
facilities! and railays traffic control! 'ust to name a fe.
$-. The most possible relation in cyber(crime ith terrorism in todays interaction is
misusage of online enabled transaction as a modus to finance their terrorist acts.
I-. C!"c&u%i!"
$2. In enhancing each countrys comprehensive national anti cyber(crime policy and
enhancing cyber security! there is urgency for countries to collaborate in dealing ith
recent and future threats of cyber crime and the potential of cyber terrorism. The
collaboration may include>
a. Technical assistance in establishing a secure and resilient national
backbone as ell as in accelerating the implementation of secure
database and computer netorking to support la enforcement agencies
in combating cyber crime.
b. Technical assistance in capacity building of la enforcement agencies in
the realm of information technology! both in hardare and softare ise
as ell as brain(are ise. This may include personnels training
cooperation.
c. &apacity building in online investigation and digital forensic unit.
d. =nhancing cooperation among /@: participant in combating cyber crime
by among others establishing a mutual legal assistance.
e. =nhancing real(time e,change of information and best practices including
ma,imization of the utilization of the established international netork
such as the Interpols I($)C2.
F F F F F
Aji Surya
Deputy Diector for Intra-Regional Cooperation, Indonesian DFA
ajisurya@deplu.go.id