Analisis Hukum Tindak Pidana Cyber Data Breach di Era Digital Berdasarkan Undang-Undang Informasi dan Transaksi Elektronik (Studi Putusan Nomor 2447/Pid.Sus/2024/PN Mdn)

Abstract

The rapid development of information technology has brought various conveniences to people's lives, but has also brought new challenges in the form of cybercrime, one of which is cyber data breach or violation of electronic data security. This crime can have a serious impact on the protection of personal data and the right to individual privacy. This study aims to analyze the crime of cyber data breach from the perspective of criminal law in Indonesia, especially based on the provisions of Law Number 11 of 2008 concerning Information and Electronic Transactions (ITE) as amended by Law Number 19 of 2016, and its application in the Study of Decision Number 2447 / Pid.Sus / 2024 / PN Mdn. The formulation of the problem to be discussed is the legal regulation of cyber data breach crimes in the digital era based on the electronic information and transaction law, Criminal Law Policy on cyber data breach crimes, ⁠Analysis of Judges' Considerations in Handling Cyber Crimes in the Digital Era Based on the Electronic Information and Transaction Law in Court Decisions Study Number Decision Number 2447 / Pid.Sus / 2024 / PN Mdn. This thesis uses a normative legal method with a legislative approach and case studies. Data is obtained through literature studies and documentation of court decisions and relevant laws and regulations. The results of the study are that the legal provisions for cyber data breach crimes in Indonesia are still general and spread across various laws and regulations, especially in Law Number 11 of 2008 concerning Information and Electronic Transactions (ITE) as amended by Law Number 19 of 2016. Law Number 27 of 2022 concerning Personal Data Protection (PDP Law). Integration between the ITE Law and the PDP Law is crucial so that cyber data breach mitigation can be carried out comprehensively, both from preventive and repressive aspects. The panel of judges sentenced the defendant to imprisonment and a fine in accordance with applicable provisions. The judge's considerations in Decision Number 2447/Pid.Sus/2024/PN Mdn show that the court has applied the provisions of the Electronic Information and Transactions Law (ITE Law) normatively and proportionally in responding to cyber crimes, especially related to the illegal transfer of electronic information (illegal data transfer) carried out by the defendant. The judge used Article 30 paragraph (3) in conjunction with. Article 46 paragraph (3) of the ITE Law as the legal basis for imposing criminal sentences on perpetrators.