The act of Hacking or also called Hacking by Bjorka is being discussed by all Indonesians in various media lately.
Hacking is an action or activity that seeks to access important data illegally through digital devices such as computers. With the aim of accessing / viewing confidential data of each Company / Important Person. Such action is a violation of law in Indonesia.
The legal rules are contained in Law Number 19 of 2016 Amendments to Law Number 11 of 2008 concerning Information and Electronic Transactions. It is clearly regulated in Article 30 paragraph 1 (one), 2 (two) and 3 (three) that:
Paragraph 1 “Every person intentionally and without rights or against the law accesses Computers and/or Electronic Systems belonging to other Persons in any way”.
Paragraph 2 “Every person intentionally and without rights or against the law accesses a Computer and/or Electronic System in any way with the aim of obtaining Electronic Information and/or Electronic Documents”.
Paragraph 3 “Every person intentionally and without rights or against the law accesses a Computer and without rights or against the law accesses a Computer and/or Electronic System in any way by violating, breaking through, exceeding or breaking the security”.
Criminal sanctions against perpetrators are contained in Article 46 of the ITE Law with a maximum sentence of 8 (eight) years in prison and a fine of Rp. 800,000,000 (eight hundred million rupiah)
The penalties can be harsher if the object of the hack belongs to the government. Perpetrators are threatened with a maximum sentence of the principal penalty plus two-thirds. Referring to Article 52 paragraph 3 (three) of the Law on Information and Electronic Transactions.
Therefore, the Personal Data Protection Bill which is currently under discussion needs to be ratified immediately so that there is a legal umbrella to provide security certainty and legal basis for the protection of personal data for Indonesian citizens.