CD Skripsi
"Urgensi Ratifikasi Convention On Cybercrime Oleh Indonesia Sebagai Bentuk Pencegahan Tindak Pidana Carding Dalam Perspektif Hukum Internasional"
Cybercrime in a broad sense includes crimes in computer systems or networks and using computer facilities. Indonesia was recorded to have experienced around 1.6 billion cyber attacks in 2021. The attacks varied from Ddos, ransomware, to data leaks and cyber crimes in the form of carding. In carding cases, investigators (especially the State Police) categorize carding as a criminal act of fraud as regulated in Article 363 paragraph 5 of the Criminal Code concerning aggravated theft. But carding cannot be equated with ordinary theft. Carding is a transnational crime. In terms of dealing with transnational crime, the principle of autdedere autjudicare is known, which means "Every country is obliged to prosecute and try perpetrators of international crimes and is obliged to cooperate with other countries in arresting, detaining and prosecuting and trying perpetrators of international crimes." This principle is stated in the Convention on Cybercrime in article 24 paragraph 3. In several regulations in Indonesia related to cybercrime, especially Law Number 19 of 2016 concerning amendments to Law Number 11 of 2008 concerning Information and Electronic Transactions, they cannot fully accommodate related acts. this carding crime. Until the Indonesian Government needs to hold international cooperation in law enforcement and have the opportunity to ratify the convention
This research uses a type of normative legal research or what is also known as doctrinal legal research which uses secondary data sources using primary legal materials, secondary legal materials and tertiary legal materials. This normative juridical research examines issues relating to the synchronization of laws relating to cybercrime, especially carding crimes in Indonesia with the ratification of the convention on cybercrime.
From the research results there are several main points that can be concluded. First, the form of prevention and transnational crime, especially carding, requires the use of international legal principles and international cooperation in the framework of harmonization and uniformity of cybercrime regulations. Second, the provisions in the ITE Law and the new Criminal Code are still very lacking in preventing this crime. Therefore, the urgency of ratification of the convention on cybercrime by Indonesia is due to the positive legal regulations in force not being able to properly regulate the crime of carding.
Keywords: Carding, Convention on Cybercrime, Cybercrime, Ratification Criminal act
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