Law was to maintain a clean, healthy, ethical and productive cyber space of Indonesia. If its implementation gives rise to a sense of injustice, this law needs a revision. Omit vague articles with multiple interpretations that are apt to be one-sidedly interpreted.”
So was the directive of President Joko Widodo at an Indonesian Military/National Police leadership meeting at the State Palace, Jakarta, on Monday, 15 February 2021. On the same occasion, the President also urged that the police should be more selective in handling cases related to the catchall articles.
In the doctrine of criminal law, a norm called a catchall article or a provision with multiple interpretations is basically a rule not fulfilling the principle of legality that a criminal provision should be clear (nullum crimen, nulla poena sine lege certa) so that it will not result in various interpretations that are very detrimental to legal certainty.
In general, all the provisions in the ITE Law are practically those of cybercrime.
Understanding cybercrime
In the global context the term cybercrime first appeared in the document of the United Nations Congress on The Prevention of Crime and the Treatment of Offenders in Havana, Cuba, in 1990. Two terms are known: cybercrime and computer related crime. Further elucidation was contained in the background paper for the workshop of UN Congress X/2000 in Vienna, Austria.
Cybercrime is divided into two categories. First, cybercrime in a narrow sense called computer crime. Second, cybercrime in a broader sense called computer-related crime.
Still according to the background paper, cybercrime in its broader sense covers that: 1) in a computer system or network, 2) against a computer system or network, and 3) by means of a computer system or network.
In the year following the UN Congress in Vienna, the Council of Europe held a Convention on Cybercrime in Budapest, Hungary, in 2001.
The convention produced five keywords as the core of cybercrime. First, illegal access, which is purposely entering or accessing a computer system unrightfully.
Second, illegal interception, which is purposely and unrightfully listening to or receiving covertly the transmission and broadcasting of computer data not of a public nature to, from or in a computer system by using a technical support device.
Third, data interference, which is purposely and unrightfully damaging, deleting or changing computer data.
Fourth, system interference, which is purposely disturbing or seriously obstructing the functioning of a computer system unrightfully.
Fifth, misuse of devices, which is misusing computer equipment, including computer programs, computer passwords, access codes
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