Cyber Law Essay Assignment:

The 4th Topic

JURIDICAL ANALYSIS ON CONCEPT OF CYBER-TERRORISM AND

ITS PROVISIONS ON INDONESIAN LAW

By:

Noorila Ulfa Nafisah

Student number: 031311133081 (A-3 Class)

Faculty of Law Airlangga University

2016
INTRODUCTION

The higher the technology develops; the methods of committing crimes also enter
into new dimension. If a long time ago, the modus operandi in committing a crime is limited
to the conventional means, now, since people recognize more about the computer-media
network, they tend to operate and to optimize their felony or misdemeanor through that
sophisticated mechanism rather than use of non-cyber media. It can even expand or cut
through the border of states. Hence, the users of cyberspace can either be the victims of a
particular crime or merely be the audience as to be the means of circulating the news on the
existing crime such as what has been done by the cyber-terrorists.

Recently, the reports of terrorism across cyber media are frequently disseminated.
The cyber-based terrorism is another significant global issue throughout the world, since it
brings about several effects on its publication. Indeed, the method in committing terrorism
always deal with the technology itself, but using the cyberspace as the media takes place to
another real dangerous threat which can be felt even for the unrelated civilians. According to
the annual report of Federal Bureau of Investigation (FBI) on Internet Crime Complaint
Center, the total victims of terrorism through internet increase significantly on the last two
years. The number of victims on 2014 is 96 people with the total loss of $60,1001, while last
year, such number multiples three times which is 361 people with the victims’ total loss of
$65,789.2

In Indonesia, the use of internet as the media to support the terrorism activity is
actually not a brand new affair. Indonesia has its first time in 2006 to successfully dismantle
the cyber-terrorism case which involves the sentenced-to-death Abdul Azis alias Imam
Samudra on 2002 Bali Bombing.3 Probably, Imam Samudra is considered as the initiator of
any other follow-up terrorism movement in Indonesia. Two weeks after the occurrence of
Bali Bombing, he made website www.istimata.com which contains the explanation why they
did such action in Bali. One of the reasons is they intended to take a revenge on America and
its allies who are deemed to kill the Muslims in Islamic states such as Afghanistan. 4 Imam

1
FBI Internet Crime Complaint Center, “2014 Internet Crime Report”, www.ic3.gov, 2014,
visited on 25 May 2016, p. 47.
2
FBI Internet Crime Complaint Center, “2015 Internet Crime Report”, www.ic3.gov, 2015,
visited on 25 May 2016, p. 14 and 16.
3
P r i y a m b o d o, “Indonesia Pertama Kali Bongkar Kasus Cyber - Terrorism”,
www.antaranews.com, 2006, visited on 26 May 2016.
4
Solahudin, “Cyber Jihad di Indonesia”, ctscui.com, 2014, visited on 23 May 2016.
1
Samudra was quite careful in doing his action since he takes into account the security of the
website by buying domain and hosting of the website in America with false identity and
obtain money to fund the action from the result of carding5.

Furthermore, based on the recent report, the cyber-terrorists also upload various
military knowledge starting from weapon training to field engineering from some jihad sites.6
Not only to that scale, they even openly create some group discussions in regard with jihad in
social media such as Facebook.7 The recent phenomenal case is the propaganda of group of
Islamic State in Iraq and Syria (ISIS). ISIS is a religious movement that seeks to enforce the
state government or the system based on Islam (Khilafah Islamiyah) is an extremist group
that follows the hardline ideology of al Qaeda and guided by the principles of global jihad.8
Recently, those people did cyber-attack by showing support or delivering threats through the
media of Youtube so that anyone who can access to internet is possible to watch it online.
Quoting Association of Indonesian Internet Providers (APJII) data, the National
Counterterrorism Agency (BNPT) said there were 81.1 million internet users in Indonesia in
2014, of which 49 percent were young people and children who were vulnerable to IS
influence through social media.9

The juridical research concerning cyber-terrorism in Indonesia is still in measly

number while the occurrence of the cyber-terrorism itself evolves and increase year by year.
This essay is intended to view cyber-terrorism from the perspective of cybercrime and the
existing laws in Indonesia, whether or not they can protect the cyberspace users and the
victims of such crimes.

ISSUES

1. Is the concept of cybercrime applied to encounter cyber-terrorism?

5
The term “Carding”, according to Kimberly Kiefer Peretti one of the members in U.S.
Department of Justice, in its narrow sense, refers to the unauthorized use of credit and debit card
account information to fraudulently purchase goods and services.
6
Ibid.
7
Ibid.
8
Devi Aryani, “Fenomena Radikalisme Gerakan ISIS di Indonesia”, Bachelor Thesis,
Fakultas Keguruan dan Ilmu Pendidikan Universitas Muhammadiyah Surakarta, 2015, p. 9.
9
Marguerite Afra Sapiie, “Indonesia Joins World to Fight Cyber-Terrorism”,
www.thejakartapost.com, 2015, visited on 24 May 2016.
2
2. Does the notion behind Indonesia Criminal Code and Indonesia Law No. 11 of 2008 and
Law No. 15 of 2003 cover the conduct of cyber-terrorism?

ANALYSIS

1. Cybercrime and Cyber-Terrorism

The term ‘cybercrime’ has a distinctive definition and characteristics compared to

the general term of ‘crime’. Crime can be defined as engaging in conduct that has been
outlawed by a society because it threatens the society’s ability to maintain its order.10
However, cybercrime differs from the crime primarily in the way it is committed: criminals
use guns, whereas cybercriminals use computer technology thus it simply represents that
most of cybercrime are the migration of real-world crime into cyberspace.11

According to Merriam-Webster Dictionary, cybercrimes include criminal activity

(such as fraud, identity theft, or distribution of child pornography) committed electronically
using a computer especially to illegally access, alter, or manipulate data. Indeed, the major
trends or threats found in the internet network mostly in the field of hacking, defamation, or
sexual assault. Generally, based on the opinion of Maskun, crime that is committed in
cyberspace is described as attempts to enter or to use a computer or computer network facility
without a license and unlawfully with or without cause changes and damage to facilities or
computers that enter or use them.12 Thus, basically, cybercrime is any crime which involves
technology on cyberspace as the medium.

Prior discussing about the notion of cyber-terrorism, the definition and the scope of
terrorism should be firstly examined. Terrorism is categorized as one of the extraordinary
crimes. Terrorism in its development has been building an organization and has a global
network in which terrorist groups operating in various countries have been co-opted by an
international terrorist network and has a relationship and cooperation mechanism with one
another both in the operational aspects of infrastructure and supporting infrastructure. 13 On

10
Susan W. Brenner, Cybercrime: Criminal Threats from Cyberspace, Praeger, California, p.
9.
11
Ibid, p. 10.
12
Maskun, Kejahatan Siber (Cyber Crime) Suatu Pengantar, Prenada Media, Jakarta, 2013,
p. 5.
13
Moch. Faisal Salam, Motivasi Tindakan Terorisme, Mandar Maju, Bandung, 2005, p. 1.
3
the one hand, according to the arguments of some experts, terrorism activity will never be
justified because its main characteristics among others14:

1) The action is committed by using violence and threats to create public fear;
2) Addressed to the state, society or individual or a certain group of people;
3) Reigning its members to perform terror as well;
4) Committing violence with the intention to gain support systematically and in
organized manner.

There is no universal definition of cyber-terrorism, instead we have a myriad

definitions, Pollitt, for instance argues that cyber-terrorism is an attack which uses the
computer as a weapon or warfare while according to Verton, cyber-terrorists are people who
execute surprise attacks that use computers and the internet to cripple a nation’s
infrastructure.15 In addition, pursuant to Terrorism and Social Conflict Study Center of
Psychology Faculty on Universitas Indonesia, terrorism which is sometimes connected with
jihad16, uses internet-based media to distribute any news of its propaganda to discredit parties
which is deemed to be the opponent or to disseminate doctrine of jihad to radicalize the
audience.17

Cyber-terrorism is one of the category of crimes that cross border organized and has
been established as an extraordinary crime.18 Based on the Counter Terrorism Task Force of
Council of Europe, there are some reasons why terrorists use internet as the medium to
commit terrorism activity because the attack can be committed anywhere on any parts of the
world, in fast moment by way of worm and virus which can be spread without any further
involvement of the perpetrator. Such attack through internet can be obfuscated by particular
program or particular technic so that is difficult to be traced.19

14
Ibid.
15
Imran Awan, ‘Debating The Term Cyber-Terrorism: Issues and Problems’, Internet Journal
of Criminology, 2014, downloaded from www.internetjournalofcriminology.com, p. 2.
16
Jihad is literally originated from Arabian word jihād. The simple definition given by
Merriam-Webster Dictionary, jihad means a war fought by Muslims to defend or spread their beliefs.
According to Abou El Fadl, in Arabic itself, the word jihad is a noun meaning the act of “striving,
applying oneself, struggling, persevering.” To figure out the meaning of jihad itself, people must
interpret it in a careful way.
17
Solahudin, Loc.Cit.
18
Sri Ayu Astuti, ‘Law Enforcement of Cyber Terrorism in Indonesia’, Rechtsidee Law
Journal, Faultas Huum Universitas Muhammadiyah, Sidoarjo, Vol. 2, No. 2, 2015, p. 1.
19
Petrus Reinhard Golose, Seputar Kejahatan Hacking: Teori dan Studi Kasus, Yayasan
Pengembangan Kajian Ilmu Kepolisian, Jakarta, 2008, p. 31.
4
 To sum up since the concept of cybercrime basically the same with the
‘conventional’ crime, the cyber-terrorism which is part of a crime shall be included into the
discussion of cybercrime as well. The legal enforcement of cyber-terrorism, therefore, must
be encompassed into the concept of cybercrime. To encounter any cyber-terrorism, the
cybercrime concept shall plays its role to avoid and to eradicate the growing cyber-terrorism.

2. Cyber-Terrorism in Indonesian Laws

Cyber-terrorism is agreed as one of the real threat in current days since social
interaction through virtual world is important nowadays. Pursuant to the current news and
threat such as from ISIS, Indonesia is one of the most targeted country for the terrorists to
recruit their new members. Therefore, to protect and to avoid any unwanted situations, there
must be observed the existence of cyber-terrorism law in Indonesia.

Basically, Indonesia government has enacted Law No. 15 of 2003 on Determination

of Government Regulation In Lieu of Law No. 1 of 2002 concerning Eradication of
Terrorism. Within such law, there are two delict on criminal terrorism namely
materiildelicten and formildelicten. Materiildelicten is criminal act which the formulation of
prohibited conduct is aimed to the causal of the result, while formildelicten refers to the
technic of prohibited act formulation aimed to the real conduct which satisfies the act’s
elements.20 The criminal act of terrorism is any act that meets the elements of a criminal
offense in accordance with the provisions of this Government Regulation In Lieu of Law.21
According to Putri Almina’s interpretation, in Law No. 15 of 2003, terrorism includes22:

“Systematical unlawful act with the intent to destroy the sovereignty of the nation
and the state to be harmful to one’s body, life, moral, property and freedom of the
person or cause damage to public or atmosphere of terror or tacit sense to another
widely, resulting in the destruction of the vital strategic objects, people's basic needs,
environmental, moral, civilization, state secrets, culture, education, economy,
technology, industry, public facilities, or international facilities.”

20
R. Atang Ranoemihardja, Hukum Pidana: Asas-asas, Pokok Pengertian, dan Teori Serta
Pendapat Beberapa Sarjana, Tarsito, Bandung, 1984, p. 127.
21
Article 1 point 1 of Government Regulation In Lieu of Law No. 1 of 2002.
22
Putri Almina Sari, “Upaya Pemerintah Meminimalisir Aksi Terorisme Melalui Pendekatan
Hukum dan Sosio Kultural di Indonesia”, Bachelor Thesis, Fakultas Hukum Universitas Sumatera
Utara, Medan, 2011, downloaded from repository.usu.ac.id, p. 2.
5
 According to article 8, the crime of terrorism also includes any felony or negligence
to the aircraft. Any form of incitement to any terrorism activity can also be charged through
article 14 to 16. Moreover, the perpetrators of terrorism are not limited to individual person
but also to legal person as stated under article 17 to 18 of the law.

However, the term ‘terrorism’ here does not specifically points out the modus
operandi through cyberspace. The enactment of the Law itself is due to the emergency
situation on 2002 of Bali Bombing conducted by Imam Samudra and his associates. In
addition, the Indonesian Criminal Code also does not stipulate about terrorism since it still
has the sense of colonialism era. Thus, the law needs to accommodate the stipulations of
cyber-terrorism as well since the internet users are growing time by time and vary from
younger persons to adults. Not only to the civilians, any state infrastructure or public facility
or private sectors have emphasized the performance on computerized basis such as e-
government, e-commerce, or e-banking. The notion of legality principle which is written
down in article 1 paragraph (1) of Indonesia Criminal Code signifies that an act cannot be
convicted unless there exists the statutory provisions on it. It might become one of the
stumbling block because there is an absence of law in cyber-terrorism. Nevertheless, the
stipulations in Government Regulation in Lieu of Law No. 1 of 2002 actually can be the basis
to ensnare the perpetrators pursuant to article 6 to article 19 on Chapter III. Since there is an
absence of law, as a lawyer, the law needs to be interpreted legally.

The role of Law No. 11 of 2008 on Information and Electronic Transaction, then
takes the role to support such interpretation. The scope of Law No. 11 of 2008 generally
among others containing the electronic information and documents, sending and receiving
email, electronic signature, electronic certificate, intellectual property rights and privacy, also
criminal provisions which related to the use of information and electronic transaction.23

Almost all chapters have been applied to protect particularly for internet users or
netizens from criminal acts of cyber terrorism. Law No. 11 Year 2008 on Information and
Electronic Transactions is legislation governing crimes based on technologies (cybercrime),
while the criminal offense of cyber terrorism is section/type of cybercrime that way or
method used to perform the offense is already stipulated in this law. For the entrapment of
cyber-terrorism perpetrators by using Law No. 15 of 2003 on Criminal Acts of Terrorism

23
Widodo, Hukum Pidana di Bidang Teknologi Informasi (Cybercrime Law): Telaah Teoritik
dan Bedah Kasus, Aswaja Pressindo, Yogyakarta, 2013, p. 49.
6
Eradication and the Law Number 11 Year 2008 regarding Information and Electronic
Transaction can be used as a mere clauses that can support or match with each other in order
to ensnare the cyber-terrorists, but both of these laws still have weaknesses such as no
definition grammatically regarding cyber terrorism; does not include probation delict in Law
No. 15 of 2003; and the elements are different in the those two laws.24

CONCLUSION AND RECOMMENDATIONS

Cyber-terrorism appears as the implication of the enhancement of technology

especially on the cyberspace. Similarly with its conventional means, cyber-terrorism is
included into the concept of cybercrime which brings about consequences that the law
enforcement is in pursuance with the cybercrime provisions. Furthermore, Indonesian law
actually does not specifically regulate about the cyber-terrorism provisions. However, the
notions can be found under Law No. 15 of 2003 on Determination of Government Regulation
in Lieu of Law No. 1 of 2002 concerning Eradication of Terrorism and Law No. 11 of 2008
concerning Information and Electronic Transaction.

The recommendations that can be given toward those issues are:

1. Promoting the establishment of cyber-terrorism body or division by the government

under the National Counterterrorism Agency (BNPT) so that such institution can be
focus to supervise the movement of the cyber-terrorists. So far, BNPT only has the
general surveillance to the conventional modus operandi of terrorism, no specific one.
The members of that institution shall be skilled in the field of internet and computer use
to maximize the surveillance.
2. Enacting the specific provisions in regard with cyber-terrorism. Such provisions can be
arisen following the notions of Law No. 1 of 2002 and Law No. 11 of 2008. The
provisions shall be at least state about the definition and the scope of application.
3. There must be the alacrity actions from the government against any cyber-attacks in
relation with cyber-terrorism by improving the defense of system technology and
information circulating in the government management. On the one hand, the

24
Agis Josianto Adam, ‘Tindak Pidana Cyber Terrorism dalam Transaksi Elektronik’, Lex
Administratum, Vol. II, No. 3, 2014, p. 171.
7
 government may also educate the netizens or internet users to be more aware with the
threat of cyber-terrorism and how to address it.

BIBLIOGRAPHY

Book
Golose, Petrus Reinhard. Seputar Kejahatan Hacking: Teori dan Studi Kasus. Yayasan
Pengembangan Kajian Ilmu Kepolisian. Jakarta. 2008.
Maskun. Kejahatan Siber (Cyber Crime) Suatu Pengantar. Prenada Media. Jakarta. 2013.
Ranoemihardja, R. Atang. Hukum Pidana: Asas-asas, Pokok Pengertian, dan Teori Serta
Pendapat Beberapa Sarjana. Tarsito. Bandung. 1984.
Salam, Moch. Faisal. Motivasi Tindakan Terorisme. Mandar Maju. Bandung. 2005.
Widodo. Hukum Pidana di Bidang Teknologi Informasi (Cybercrime Law): Telaah Teoritik
dan Bedah Kasus. Aswaja Pressindo. Yogyakarta. 2013.

Journal
Adam, Agis Josianto. ‘Tindak Pidana Cyber Terrorism dalam Transaksi Elektronik’. Lex
Administratum. Vol. II. No. 3. 2014.
Astuti, Sri Ayu. ‘Law Enforcement of Cyber Terrorism in Indonesia’. Rechtsidee Law
Journal. Fakultas Hukum Universitas Muhammadiyah. Sidoarjo. Vol. 2. No. 2.
2015.
Awan, Imran, ‘Debating The Term Cyber-Terrorism: Issues and Problems’, Internet Journal
of Criminology, 2014, downloaded from www.internetjournalofcriminology.com.

Thesis
Aryani, Devi. “Fenomena Radikalisme Gerakan ISIS di Indonesia”. Bachelor Thesis,
Fakultas Keguruan dan Ilmu Pendidikan Universitas Muhammadiyah. Surakarta.
2015.
Sari, Putri Almina. “Upaya Pemerintah Meminimalisir Aksi Terorisme Melalui Pendekatan
Hukum dan Sosio Kultural di Indonesia”. Bachelor Thesis. Fakultas Hukum
Universitas Sumatera Utara, Medan. 2011. downloaded from repository.usu.ac.id,

8
Internet
FBI Internet Crime Complaint Center. “2014 Internet Crime Report”. www.ic3.gov, 2014.
visited on 25 May 2016.
-----------------, “2015 Internet Crime Report”. www.ic3.gov. 2015. visited on 25 May 2016.
Priyambodo. “Indonesia Pertama Kali Bongkar Kasus Cyber-Terrorism”.
www.antaranews.com. 2006. visited on 26 May 2016.
Sapiie, Marguerite Afra. “Indonesia Joins World to Fight Cyber-Terrorism”.
www.thejakartapost.com. 2015. visited on 24 May 2016.
Solahudin. “Cyber Jihad di Indonesia”. ctscui.com. 2014. visited on 23 May 2016.