- 22/02/2021
- Category: Press Release
Yogyakarta, February 19th, 2021- At the end of 2020, the media were shocked by Mahfud MD’s statement that he would expand the reach of the Cyber Police starting in early 2021. With the transition of society now turning to the digital realm, the public needs to get literacy about who cyber police are, what their duties are, what is the urgency of cyber police. , as well as what the future effects are. With the Cyber Police, will it become a protector to prevent cybercrime, hoaxes, and other cybercrimes or even become a scourge for the digital world? This time, the Center for Digital Society will discuss Cyber Police in the 43rd Difussion. This activity invited Danu Pratama Aulia as Research and Mobility Staff from KontraS and M. Fatahilah Akbar, Lecturer at the Faculty of Law UGM. The event on Friday (19/2) was held using the Gmeet platform and broadcast live via Youtube Live Stream.
The Importance of the Role of Cyber Police and Cyber Crime Law Enforcement
M. Fatahilah Akbar in his presentation stated that basically law will always lag behind the times. Therefore, the revision of the Law becomes a natural thing. The handling of cybercrime in Indonesia is quite well handled by Mabes Polri, even though the handling has not reached the regions, one of which is DI. Yogyakarta.
Globalization requires people to maximize social media and technology. With the development of globalization, the potential for crime will always exist. M. Fatahilah Akbar stated “Cyber Police exist to supervise community activities in the digital world to create a sense of security”. During its development, the Directorate of Cyber Crime, Bareskrim Polri has been actively carrying out its duties by opening complaints online and also reporting directly to the police station. However, three important things need to be considered in dealing with cybercrime cases, namely Substance including KUHP, KUHAP, and the ITE Law; Structure includes investigators (cyber police), public prosecutors (prosecutors), and courts; as well as a Legal culture which includes community activities on social media, netizen culture, and the views of law enforcers. The existence of the Cyber Police is very vital in the judiciary, because of its position as an investigator who determines whether a cybercrime case is a criminal act or not. Therefore, the public must also pay attention to the existence of the ITE Law which has the aim of being a legal product for the public in the use of digital technology and providing a sense of security, justice, and legal certainty.
In his presentation, M. Fatahilah Akbar also stated “What is the scourge of the Cyber Police is that there is no clear legal substance, and no guidelines are used by the Cyber Police in handling cybercrime cases”. As an effort to improve, Cyber Police are expected to form a law enforcement guide that is educative, persuasive, and not repressive. This is intended to build a better cyber legal culture
Activation of Cyber Police Has an Impact on the Depreciation of Civil Space
Danu Pratama Aulia, KontraS research, and mobility staff in his presentation explained a different side of the existence of Cyber Police in Indonesia. Danu stated, “It is feared that Cyber Police will create a shrinkage of civilian space and freedom of expression”. Human life, which has transitioned from the real world to cyberspace to socialize or run the economy, has also directly affected the emergence of cybercrime. The state has to protect the civil space in the form of freedom of association, freedom of association, and freedom of expression. However, in the current context in Indonesia, the activation of Cyber Police would be counterproductive. Data from KontraS began in October 2019 – January 2020, the category of restrictions and attacks on civilian spaces occurred in 2020.
Also, data from October 2019- January 2021 shows that there were 33 incidents of the legal process of criticism against the State, in which 18 cases of criticism against the National Police were mostly processed legally. From these data, it shows that there has been cyber silencing impunity, especially attacks on freedom of expression for criticism of the government, hacking, doxing intimidation, and cyber torture. This condition has become evident that the state commits human rights violations by neglecting its problematic legal products. This has an impact on the loss of the sense of security of Indonesian people in criticizing the government.
Danu Pratama Aulia stated, “Freedom may be limited, but which authority can limit freedom of expression, and what parameters need to be limited or unrestricted must be more clarified”. The state must use three parameters in limiting freedom of expression, namely legality, proportionality, and necessity. Besides, Danu also recommended a Plan of Action Rebate as a parameter to determine limitations on expression, namely context, subject, intention, content and form, range, and potential. “When the parameters are not clear, then the fall will be soft censorship and there will be unbalanced power relations”. Before activating Cyber Police, the National Police should issue guidelines for its staff.
Writer: Farida Anggara
Editor: Ruth T. Simanjuntak
