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Journal : Jurnal Info Sains : Informatika dan Sains

Criminal Liability of Perpetrators who Intentionally and Unauthorized Alteration of Electronic Documents Based on the Electronic Information and Transactions Law (Study of Central Jakarta District Court Decision Number 724/Pid.Sus/2023/PN Jkt.Pst) Beti Septiana Sari; Abunawas, Abunawas; Jamiatur Robekha
Jurnal Info Sains : Informatika dan Sains Vol. 15 No. 01 (2025): Informatika dan Sains , 2025
Publisher : SEAN Institute

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Abstract

An electronic document is electronic information created, forwarded, sent, received, or stored in digital, electromagnetic, optical, or similar format, which can be viewed, displayed, and/or heard through a computer or electronic system. This document can be in the form of text, sound, images, or various other formats that convey meaning. The crime of altering electronic documents that causes harm to another person can be categorized as a cybercrime, particularly related to the manipulation of electronic information. The research method used is the normative juridical method, namely research that prioritizes library data, namely research on secondary data. The secondary data can be in the form of primary, secondary, or tertiary legal materials. Based on the research results, the author concludes that criminal liability for perpetrators of criminal acts intentionally and without authority to change electronic documents belonging to others that result in harm to others, can be enshrined by the Electronic Information and Transactions Law (UU ITE). The ITE Law regulates criminal sanctions for various actions related to electronic data manipulation. The relevant articles in the ITE Law related to illegal alteration of electronic documents include Article 27, Article 30, Article 32, Article 35, and Article 65. These articles regulate: a) Article 27: Prohibition on distributing, transmitting, and/or making accessible electronic information that contains content that violates morality, gambling, insults, or defamation; b) Article 30: Prohibition on unauthorized access to other people's computers or electronic systems; c) Article 35: Prohibition on falsifying electronic data; d) Article 65: Prohibition on using personal data that does not belong to them. Meanwhile, the sanctions, the perpetrator can be subject to criminal sanctions in the form of imprisonment and/or a fine, the amount of which varies depending on the article violated and the level of loss caused.
Legal Analysis of Alleged Defamation Through Social Media Causing Harm to Others (Study of Central Jakarta District Court Decision Number 589/Pid.Sus/2024/PN Jkt.Pst) Hestu Purwestri Kusumaningtyas; Abunawas, Abunawas; Jamiatur Robekha
Jurnal Info Sains : Informatika dan Sains Vol. 15 No. 01 (2025): Informatika dan Sains , 2025
Publisher : SEAN Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

One form of unlawful acts that often occur in the development of technology and information in this digital era, is defamation or insults committed through social media. Defamation through social media is included in the category of cyber criminal acts regulated in Article 27 paragraph (3) of the ITE Law which reads: "every person deliberately and without the right distributes and/or makes accessible electronic information and/or electronic documents that have insulting and/or defamatory content. The formulation of the problem discussed is: 1) How to regulate alleged defamation through social media? and 2) How is the application of criminal sanctions against perpetrators of criminal acts that are proven to be defamatory through social media that cause harm to others?. The research method used is the normative juridical method, namely research that prioritizes literature data, namely research on secondary data. The secondary data can be in the form of primary, secondary or tertiary legal materials. Based on the results of the research, the author concludes that the application of criminal sanctions against perpetrators of criminal acts that are proven to be defamatory through social media that causes harm to others, is regulated in the ITE Law and the Criminal Code. Perpetrators can be subject to imprisonment and fines, with heavier penalties if carried out through social media because of its wider and fast-spreading impact. Defamation through social media is included in cyber crimes and is regulated in Article 27 paragraph (3) of the ITE Law which reads: "Every person deliberately and without the right to distribute and/or transmit and/or make accessible Electronic Information and/or Electronic Documents that have insulting and/or defamatory content. However, in the decision of the Central Jakarta District Court Number 589/Pid.Sus/2024/PN Jkt.Pst, the defendant was declared not legally and convincingly proven guilty of committing the criminal act as charged, thus acquitting the Defendant therefore from all charges of the Public Prosecutor.