THESIS RESEARCH PROPOSAL

CYBERCRIME AS TRANSBORDER ILLEGAL ACT IN THE PERSPECTIVE OF

COUNTRIES COOPERATIONS

Submitted for thesis prerequisites at the Faculty of Law

Universitas Jenderal Soedirman

by:
IQBAL RIZQIKHA AFFTHORTHU
E1B020036

MINISTRY OF EDUCATION, CULTURAL, RESEARCH,

AND TECHNOLOGY BACHELOR OF LAW INTERNATIONAL
UNDERGRADUATE PROGRAM
FACULTY OF LAW
PURWOKERTO
2023
 A. Background

All human actions or behaviors are limited and regulated by a law made by the
ruler or maker in the form of a legislative, executive or judicial body. The rule of law
itself when violated has sanctions and creates an order in people's lives which
determines what can and cannot be done and how the relationship between individuals
and between individuals and the state is regulated. Law does not solely regulate matters
within the state but its scope is wider across state boundaries or commonly called
International Law. The definition of International Law itself is the whole law which for
the most part consists of principles and rules of behavior against which countries feel
themselves bound to obey and therefore, are actually obeyed in general in their relations
with each other. The position of international law in the framework of law as a whole
is based on the assumption that as a type or field of law, international law is part of law
in general. International law as a set of effective provisions and principles that live in
the community and therefore have an effective relationship with the provisions or other
areas of law, among which the most important are the legal provisions governing human
life in their respective national environments known as national law. International law
is actually an expression of the need for mutual relations because in the absence of an
international legal system, the international community of States cannot enjoy the
benefits of trade and commerce, the exchange of ideas, and normal routine
communication. In international law, there is an integration of different legal systems
from several countries, namely an integration that shows a perspective that international
law is essentially cooperation between states.1
Over time the development of international law has evolved to be influenced by
several variants of issues such as human rights, democracy, poverty, environmental
conservation, and threats to peace and security.2 From these various issues, there is an
interaction between one issue and another which is driven by the rapid development of
science and technology using sophisticated computer devices. In its development, the
presence of computer devices with internet networks has provided great benefits for
humans. This utilization has also contributed to the ease of labor for the world of work

1
Starke, J.G., 1936. Monism and dualism in the theory of international law. Brit. YB Int'l L., 17, p.66.
2
Arend, A. C., & Beck, R. J. (2014). International law and the use of force: beyond the UN Charter
paradigm. routledge.
 both private / companies and extends to all sectors of community life which has opened
new horizons by facilitating means of information and communication that have
penetrated national borders. However, the existence of technological advances in the
form of the internet can be a double-edged knife where in addition to bringing great
benefits it will also bring consequences where there will be variables of crime on the
internet that were never previously thought of or predicted by the community. Crimes
that arise on the internet usually occur due to internet abuse. This state of misuse is also
known as cybercrime.
for examples of cybercrime cases, Police in the UK arrested 19-year-old Ryan
Cleary for allegedly orchestrating a distributed denial-of-service (DDoS) attack against
the website of the British Serious Organised Crime Agency (SOCA) website in 2011,
and the websites of the International Federation of the Phonographic Industry and the
British Phonographic Industry during the previous year. Cleary allegedly rented and
sublet a large botnet to conduct the attack. He was associated with the hacking group
LulzSec, although the group itself denied that he was a member, claiming that he was
merely a loose associate. Cleary’s arrest followed his exposure by Anonymous who
published his name, address, and phone number as retaliation for his hacking into the
group AnonOps’ website and exposing over 600 nicknames and IP addresses. Cleary
was reported as stating that AnonOps was ‘publicity hungry.’ He pleaded guilty to most
of the charges, and in May 2013 was sentenced to imprisonment for 32 months (The
Guardian, 2013; see also Olson, 2012). The motive here appears to have been grounded
in ideology and the desire to challenge powerful interests.3
Cyber criminals may operate as loose networks, but evidence suggests that
members are still located in close geographic proximity even when their attacks are
cross-national. For example, small local networks, as well as groups centred on relatives
and friends, remain significant actors. Cybercrime hot spots with potential links to
organized crime groups are found in countries of Eastern Europe and the former Soviet
Union.4
In practice, cybercrime not only utilizes computer technology but also uses
telecommunications technology in its operation. Cyber Crime is a crime related to the
utilization of information technology without limits and has strong characteristics with

3
Décary-Hétu, D., & Dupont, B. (2012). The social network of hackers. Global Crime, 13(3), 160–175.
doi:10.1080/17440572.2012.702523.
4
Kshetri, N. (2013a). Cybercrime and Cybersecurity in the Global South. New York: Palgrave Macmillan.
 a technological engineering that relies on a high level of security and credibility of
information accessed by internet users.5 The emergence of cybercrime as an illegal act
capable of crossing national borders has placed Cybercrime as one of the crimes in
international law that requires special attention. Cybercrime has also led to several types
of crimes such as inter-state espionage that disrupts state cooperation and creates new
problems. Variants of cybercrime in practice do not yet have adequate legal
arrangements or instruments in international law universally. Some of the existing
provisions on cybercrime are still regional in nature such as the Cybercrime Convention
that applies in Europe or regulations on cybercrime that apply in each country but are
still domestic in nature.
Based on the description above, the author is interested in conducting research
by developing it as material for the preparation of a thesis entitled Cybercrime As
Transborder Illegal Act In The Perspective Of Countries Cooperations.

B. Research Question

1. What is the impact on cooperation countries with the emergence of cybercrime as an

transborder illegal act?
2. What are the efforts to handle cyber crime in the perspective of cooperation countries
based on International legal source?

C. Research Objectives

1. To find out the cooperation countries with the emergence of cybercrime as an

transborder illegal act
2. To analyze any legal remedies to handle cyber crime on cooperation countres based
on International legal source

D. Research Significance

1. Theoretical Application
The results of this research can provide insight and understanding in the field of

5
Broadhurst, R., & Grabosky, P. (2005). Computer-Related Crime in Asia: Emergent Issues. In R. Broadhurst & P.
Grabosky (Eds.), Cyber-crime: The Challenge in Asia (pp. 347–360). Hong Kong: Hong Kong University Press.
 international law, especially in the context of international criminal law. Specifically,
this relates to the impact of cybercrime with state cooperation in terms of international
legal sources and other auxiliary elements.
2. Practical Uses

a. The results of this research can provide new insights and perspectives regarding
the challenges in dealing with cybercrime, where this information can be used to
clarify the legal instruments used in new cybercrime crime variables which have
many variations so as to maintain good coordination relations between countries.
b. The results of this research can provide information about howfar cybercrime
affects of against international cooperation, where this information can be used to
evalute any act that caused wider gap that have a potential to be a cyberceime
E. Theoretical Framework

According to The absence of evidence about the extent, role, and nature of
organized crime groups in cyber space impedes the development of sound
countermeasures. While a growing number of experts consider that cyber crime has
become the domain of organized groups and the days of the lone hacker are past, little
is yet known about the preferred structures and longevity of groups, how trust is
assured, and the relationship with other forms of crime. There is an absence of evidence-
based research about offender behaviour and recruitment in cyber space, although
learning and imitation play important roles.6

In the other hand, the review of McGuire , based on a large sample of known
cases, found that up to 80% of cyber crime could be the result of some form of organized
activity. This does not mean, however, that these groups take the form of traditional,
hierarchical organized crime groups or that these groups commit exclusively digital
crime.7

The key insight into the theory is that, it combines several categories of
criminological theories to help society better understand why crimes co-evolved with
computer and telecommunications technologies to become among the most complex

6
Broadhurst, R., & Chang, Y. C. (2013). Cybercrime in Asia: Trends and Challenges. In J. Liu, B. Hebenton & S.
Jou. (Eds.), Asian Handbook of Criminology (pp. 49–64). New York: Springer.
7
McGuire, M. (2012). Organised Crime in the Digital Age. London: John Grieve Centre for Policing and Security.
 and difficult forms of crime to prevent, investigate and control. McQuade reveals that
understanding and maintaining relatively complex crime is initially quite difficult, and
there is continual competition between the criminals and law enforcement for
technological advantage.8 As criminals do something new and innovative, law
enforcement must catch up in order to avert, control, deter, and prevent new forms of
crime. McQuade argues that, technology-enable crime theory encompasses:

1. Crimes committed directly against computers and computer systems.

2. Activities which fall under this category are often referred to as high tech
crime, computer crimes or cybercrimes.
3. The use of technology to commit or facilitate the commission of traditional
crimes.
4. Crimes such as fraud, scams, and harassment can be facilitated using
technology which brings unique challenges to old crimes.9

The main and most common principle is the territoriality principle which in its
most simple form means that a sovereign state has the authority to judge criminal acts
that have been committed in its territory. But in order to apply this theory it is necessary
that the place where the crime is committed is established.10

The protection theory recognizes that a sovereign can adopt a statute that
criminalizes conduct that occurs outside of its borders when that conduct affects the
sovereign itself. Under that principle a nation can adopt laws that make it a crime to
engage in an act that obstructs the function of government or threatens its security as a
state without regard to where or by whom the act is committed.11

The nationality theory, also referred to as Personality theory, recognizes that a

sovereign state can adopt criminal laws which govern the conduct of the sovereign’s
nationals while outside of the sovereign’s borders. The nationality principle has the

8
McQuade S (1998). Towards a theory of technology enabled crime. Unpublished manuscript. George Mason
University, Fairfax, Virginia.
9
McQuade S (2006). Understanding and Managing Cybercrime, Boston: Allyn & Bacon.
10
See, Jeffrey Pollock and Debra Lightner, Civil Procedure in the Age of the Internet Jurisdiction, NEW JERSEY
LAW JOURNAL (August 14, 2000)
11
Unite States v. Zehe, 601 F. Supp. 196.
 effect of allowing a sovereign to adopt laws that make it a crime for its nationals to
engage in conduct that is not illegal in the place where the conduct is performed. This
theory is dealt with in two ways:
i. Active Nationality Theory:
This theory recognizes that a state can prosecute and punish its sovereign
nationals for a crime committed by them outside its territory. A state may
exercise criminal jurisdiction over its nationals on the basis of their active
nationality.
ii. Passive Nationality Theory:
The passive nationality theory recognizes that a sovereign can adopt criminal
laws that apply to conduct of foreign nationals who commit crimes against the
sovereign’s nationals while the sovereign’s nationals are outside of the
sovereign’s territory.12

The Convention on Cybercrime, 2001 also known as the Budapest Convention

on Cybercrime, is the first international treaty seeking to address Internet and computer
crime by harmonizing national laws, improving investigative techniques, and increasing
cooperation among nations. The Convention and its Explanatory Report was adopted by
the Committee of Ministers of the Council of Europe at its 109th Session on November
8, 2001. It was opened for signature in Budapest, on November 23, 2001 and it entered
into force on July 1, 2004.13 As of November 2013, 41 states have ratified the convention,
while a further 11 states had signed the convention but not ratified it.14 On March 1,
2006 the Additional Protocol to the Convention on Cybercrime came into force. Those
States that have ratified the additional protocol are required to criminalize the
dissemination of racist and xenophobic material through computer systems, as well as
threats and insults motivates by racism or xenophobia. The resulting Cyber-crime
Convention has three aims: to lay down common definitions of certain criminal offences
– nine are mentioned in the Convention – thus enabling relevant legislation to be
harmonised at national level; to define common types of investigative powers better

12
See, The Nationality Principle, (Kent law-Tutorials).
http://www.kentlaw.edu/faculty/rwarner/classes/carter/tutorials/jurisdiction/Crim_Juris_6_Text.htm. Last
retrieved on 20.02.2016.
13
See, UNESCO, The COE International Convention On Cybercrime Before Its Entry Into Force, (Copyright
Bulletin), (January–March 2004). http://portal.unesco.org/culture/en/ev.php
URL_ID=19556&URL_DO=DO_TOPIC&URL_SECTION=201.html. Last retrieved on 20.02.2016.
 suited to the information technology environment, thus enabling criminal procedures to
be brought into line between countries; and to determine both traditional and new types
of international cooperation, thus enabling cooperating countries to rapidly implement
the arrangements for investigation and prosecution advocated by the Convention in
concert, for example by using a network of permanent contacts. The Convention, has
received strong support from lawmakers and practitioners throughout Europe and
beyond. But both the Convention and its Additional Protocol have been criticised on
various grounds by a number of associations, particularly those active in the protection
of freedom of expression, and also by industry elements

The United Nations Convention Against Transnational Organized Crime,

Although not specifically directed at cyber-crime, the complementary role of the UN
Convention Against Transnational Organized Crime (in force as of 2003) is a highly
relevant global instrument for addressing some of the more nefarious aspects of cyber-
crime.14 The UN Convention Against Transnational Organised Crime (the TOC
Convention) was introduced in December 2000 in Palermo, Italy. The TOC Convention
enables mutual legal assistance (MLA) between states and establishes several offence
categories: participation in an organised criminal group, money laundering, corruption
and obstruction of justice as well as protocols in respect to trafficking in women and
children (117 States and 64 parties with effect from December 25, 2003); illicit
manufacturing and trafficking in firearms (52 States and 22 parties but not yet in force);
and smuggling of migrants (112 States and 57 parties with effect 28 January 2004).
Serious crime is defined broadly (conduct attracting punishment of four or more years’
imprisonment).

14
Broadhurst, Roderic. "Developments in the global law enforcement of cyber‐crime." Policing: An
International Journal of Police Strategies & Management 29.3 (2006): 408-433.
F. Research Logical Framework

CYBERCRIME AS TRANSBORDER ILLEGAL ACT IN

THE PERSPECTIVE OF COUNTRIES COOPERATIONS

The presence of cybercrime as an illegal act that utilizes computer technology and
telecommunications that cross national borders has created new crime variables that
affect the cooperation of countries, but in practice cybercrime does not have adequate
regulations to be handled, then it raises a big question mark to what extent cybercrime
has affected cooperation between countries and how to handle it with the right
international legal sources, considering that this has not been clearly regulated on a
universal scale, only a few regions have made regulations related to cybercrime such
as the European Union Convention on Cyber Crime and certain domestic regulations
enforced in each country.

What is the impact on What are the efforts to handle

cooperation countries with the cyber crime in the perspective

emergence of cybercrime as an of cooperation countries based

transborder illegal act? on International legal source?

1. Nationality Theory 1. International Criminal

2. Cybercrime Theory law Theory
3. Illegal act Theory 2. Protection Theory

Research Methods Research Objectives

1. To find out the

Research Spesification:
cooperation countries
Normative Juridical Research
with the emergence of
cybercrime as an
Approach Method: transborder illegal act
Statute Approach
2. To analyze any legal
remedies to handle
Data Source:
cyber crime on
Secondary Data
cooperation countres
based on International
legal source
 G. Research Methods

1. Research Specification

This research will use the Juridical Normative specification. Normative legal
research is a type of legal research that seeks to answer "ought" questions, rather than
"is" questions. It's concerned with what the law ought to be rather than what the law is.
While traditional (doctrinal) legal research usually involves the interpretation and
application of existing laws, statutes, cases, and other legal sources, normative legal
research often seeks to evaluate these laws and propose changes based on normative
principles or standards. Discussing qualitative research means discussing a research
method in which it will also discuss philosophical view of a research on disciplined
inquiry and the reality of the research subject in habitual inquary and the reality of the
research subject in the habit of qualitative research. research in the social sciences,
including educational and religious research, including the methods that will be
discussed religion, including the methods used in the research. methods used in
research.15 Adhering to the view that social reality is meaning, which is inseparable
from the point of view, frame, definition, and or meaning contained in humans. and or
the meaning contained in the human being who views it. looking at it. Referring to
theoretical thinking that places humans as actors, at least as agents (not just role players)
as offered by a number of theoretical schools such as phenomenology,
ethnomethodology, symbolic interactionism, and ideationalist cultural theory. Aimed at
understanding the meaning hidden behind an action, "behavior", or outcome. action,
"behavior", or work that is the focus of the research.16

2. Approach Method

This research uses a statute approach that refers to a method of inquiry that focuses
primarily on statutory laws — laws that have been written and codified by a legislative
authority. Statutory laws are contrasted with common law, which is derived from
judicial decisions and precedent refers to a method of inquiry that focuses primarily on
statutory laws — laws that have been written and codified by a legislative authority.
Statutory laws are contrasted with common law, which is derived from judicial
decisions and precedent. To find out the truth of this research, the author will review
and include legislation relating to cybercrime, ratification of international conventions
and treaties, legal policies, legal protection in the protection of refugee rights, and others
as relevant sources of information.
3. Research Location
The research for writing this thesis took place at Science Information
Center (Pusat Informasi Ilmiah) Faculty of Law Universitas Jenderal Soedirman

15
Muhadjir N. 1996. Metodologi Penelitian Kualitatif, (edisi III), Rakesarasin, Yogyakarta
16
Miles, B. M., Michael, H., 1992, Analisis Data Kualitatif, Jakarta: UI Press
 Purwokerto, Library Technical Implementing Unit (Unit Pelayanan Teknis
Perpustakaan) Universitas Jenderal Soedirman Purwokerto, and National Library
Jakarta.
4. Data Sources

The researcher uses secondary data in this thesis writing research. this
secondary data is used as a theoretical basis to underlie the analysis of the main
problems in this study. secondary data in this study includes:

a. Primary legal materials

Primary legal materials in the realm of research methodology encompass
the fundamental sources of law that serve as the cornerstone for legal scholarship
and analysis. These materials constitute the unadulterated expressions of legal
norms and principles and are typically classified into distinct categories,
including statutes, regulations, case law, and treaties.These materials serve as the
foundation for legal arguments, substantiate claims, and facilitate a
comprehensive comprehension of the legal landscape.33. In this study, the
materials used by the researchers are Convention on Cybercrime 2001 , The
United Nations Convention Against Transnational Organized Crime
b. Secondary legal materials
Secondary legal material are library materials that contain information on
primary legal materials or are closely related to primary legal materials. Legal
ideas, research findings, expert papers, and other primary legal materials can all be
analyzed and understood by secondary legal documents. Books, scholarly
publications, and legal conclusions from studies collectively constitute these
secondary legal materials.
c. Tertiary legal materials
Tertiary legal materials, in the context of research methodology, are references
or sources that offer synthesized, summarized, or secondary analysis of primary
legal materials. They can be thought of as the "tools" or "indexes" that researchers
use to find authoritative legal sources or to gain a broad overview of a legal topic.
Tertiary legal materials contains Legal Indexes and Digests,Legal
Bibliographies,Legal Directories,Legal Encyclopedias,Legal Dictionaries and
Glossaries Research Guides ,Case Citators, Legal Catalogs and Databases, Law
 Library Catalogs While primary sources state the law and secondary sources
explain or analyze the law, tertiary sources help users locate these materials..

5. Data collection methods

The method used for data collection for this research using a literature
studiy of scientfic article such as research papers and expert doctrine that related
with the topic and internet browsing is conducted to capture the latest
developments and perspectives.
6. Data presentation methods
The information is articulated in the form of coherent narrative
compositions that are methodically organised with careful attention to logic and
coherence. This meticulous and methodical approach ensures that all relevant
information harmoniously coalesces into a singular, holistic entity, facilitating a
more profound understanding of the subject matter.
7. Data analysis methods
This research using data that derived from legally obtained sources
underwent a thorough qualitative analysis. In order to get a definitive conclusion,
this analytical method entailed a thorough analysis and systematic compilation
of the collected data. This methodological approach placed a strong emphasis on
in-depth analysis and careful data synthesis, which led to the creation of a firm
conclusion in the end.
Bibliography

Starke, J.G., 1936. Monism and dualism in the theory of international law. Brit. YB Int'l
L., 17, p.66.
1
Arend, A. C., & Beck, R. J. (2014). International law and the use of force: beyond the
UN Charter paradigm. Routledge
Décary-Hétu, D., & Dupont, B. (2012). The social network of hackers. Global Crime,
13(3), 160–175. doi:10.1080/17440572.2012.702523.
Kshetri, N. (2013a). Cybercrime and Cybersecurity in the Global South. New York:
Palgrave Macmillan.
Broadhurst, R., & Grabosky, P. (2005). Computer-Related Crime in Asia: Emergent
Issues. In R. Broadhurst & P. Grabosky (Eds.), Cyber-crime: The Challenge in Asia (pp.
347–360). Hong Kong: Hong Kong University Press.
Broadhurst, R., & Chang, Y. C. (2013). Cybercrime in Asia: Trends and Challenges. In
J. Liu, B. Hebenton & S. Jou. (Eds.), Asian Handbook of Criminology (pp. 49–64).
New York: Springer.
McGuire, M. (2012). Organised Crime in the Digital Age. London: John Grieve Centre
for Policing and Security.
McQuade S (1998). Towards a theory of technology enabled crime. Unpublished
manuscript. George Mason University, Fairfax, Virginia.
McQuade S (2006). Understanding and Managing Cybercrime, Boston: Allyn & Bacon.
See, Jeffrey Pollock and Debra Lightner, Civil Procedure in the Age of the Internet
Jurisdiction, NEW JERSEY LAW JOURNAL (August 14, 2000)
Unite States v. Zehe, 601 F. Supp. 196.
See, The Nationality Principle, (Kent law-Tutorials).
http://www.kentlaw.edu/faculty/rwarner/classes/carter/tutorials/jurisdiction/Crim_Juri
s_6_Text.htm. Last retrieved on 20.02.2016.
See, UNESCO, The COE International Convention On Cybercrime Before Its Entry
Into Force, (Copyright Bulletin), (January–March 2004).
http://portal.unesco.org/culture/en/ev.php
URL_ID=19556&URL_DO=DO_TOPIC&URL_SECTION=201.html. Last retrieved
on 20.02.2016.