Fluent Essays

250 word annotated bibliography apa format JURNAL MEDIA HUKUM Vol. 27, No. 2, December 2020 P-ISSN: 0854-8919, E-ISSN: 2503-1023 Nationally Accredited Journal, Decree of MoHE No. 148/M/KPT/2020. 267 Cyberterrorism and its Prevention in Indonesia Dian Alan Setiawan Faculty of Law, Universitas Islam Bandung, Indonesia E-mail: [email protected] ARTICLE INFO ABSTRACT Keywords: prevention, cybercrime, cyberterrorism How to cite: Setiawan, D. A. (2020). Cyberterrorism and its Prevention in Indonesia. Jurnal Media Hukum, 27(2), 256–272 Article History: Received: 01-07-2020 Reviewed: 21-08-2020 Revised: 24-08-2020 Accepted: 31-12-2020 In cyberspace, cyber technology gives rise to illegal activities that are legally referred to as cybercrimes. Cybercrime appears in various forms including cyberterrorism. The purpose of this research is to discuss the development of cyberterrorism and to explore the efforts made by the Government in addressing and controlling cyberterrorism in Indonesia. This normative legal research examines the application of the relevant legislation, especially Law No. 19 of 2016 on the Amendment to Law No. 11 of 2008 on Information and Electronic Transactions and Law No. 5 Year 2018 on the Amendment of the Law No. 15 Year 2003 on the Eradication of Crime of Terrorism. It is found that the act of cyberterrorism can be prevented through both technological and legal approaches. DOI: 10.18196/jmh.20200156 Copyright © 2020 JURNAL MEDIA HUKUM. All rights reserved. 1. Introduction In the past 20 years, Criminals have been resorted to the acts of robberies, abductions, car stealing, donations of shares, DVD piracy, and free piracy loans. All of these methods will soon end with the developing cyber technology. Some experts say that this type will become obsolete because it is present in the advancement of Cyber technology. Many aircraft will use fly by wire controls so it makes more sense for criminals to pass hacking into the navigation system and to divert the direction of the plane as wish. The progress of cyberspace science and technology is a necessity in a century of increasingly advanced human civilization.1 Virtual world technology that is connected with many internet networks has a new phenomenon in human interaction in cyberspace. Cyber technology is the use of the internet as a medium for unlimited communication and interaction which then has a negative impact because of the emergence of media through Cyber which is commonly 1 Darlis, A. (2017). Cyber Narcoterrorism. Kompasiana. https://www.kompasiana.com/andidarlis/590add24b67e61c3109174d6/cyber- (Accessed on February 17, 2020) mailto:[email protected] https://www.kompasiana.com/andidarlis/590add24b67e61c3109174d6/cyber- P-ISSN: 0854-8919, E-ISSN: 2503-1023 268 known as Cybercrime. The irresponsible use of cyber technology may amount to a criminal conduct which can potentially pose as threats to the country. The types and violations of Cybercrime vary greatly Including the act of electronic eavesdropping, electronic data theft, online dissemination of pornography, increased illegal funds, handling via the internet, internet gambling, vandalism sites, deletion of damaging systems through viruses, trojans, signal bases and the like appear in shape like that. The use of “Cyber” for crimes committed by parties who have high ability and expertise in computer science, Cybercrimes agreement on computer mastery and computer programming to make malware scripts/codes, they can analyze the workings of computer systems and networks, and are able to find a solution for the system will then use this weakness to get into preventative measures such as safekeeping. Cyber is currently also used to launch terror (cyber terrorism). Indoctrination/dogma through Cyber which is able to produce many people for jihad as well as recruitment which is guided by ISIS network to come to Syria to provide forms through Cyber media. Propaganda techniques will cause fear and illegal fundraising are methods to get funds for terrorist purposes. The Coordinating Minister for Political, Legal and Security Affairs Wiranto said, the formation of the National Cyber Agency began with the governments request to compile acts of terrorism in cyberspace or cyber terrorism. According to Wiranto, discussions on cyber terrorism have become an international concern. Meanwhile, Indonesia itself does not yet have a single body that can protect cyber activities nationally. In an international meeting on anti terrorism in August 2016 in Bali, 36 countries discussed various things that could be resolved to deal with the rapid development of terrorism. Wiranto said that currently the protection of terrorism in various countries is focused on the protection of cyberspace. Many countries already have cybersecurity services that handle financing and communication between terrorist groups. Their communication, how to train and assemble bombs carry out financial transactions all through cyberspace. Other countries are already so advanced to place cyberspace as the main activity in their country2. In addition, Wiranto will also prepare a National Cyber agent that will not require a large fee. Because, the government will again empower the State Code Institute to become the forerunner of the National Siberian Agency. Once established, the National Cyber Agency will also protect the flow of cyber traffic, especially in the fields of e- commerce, banking, and discuss the importance of finance. In addition, the National Cyber Agency will also coordinate cyber defense bodies at the Ministry of Defense, cyber intelligence at the National Intelligence Agency (BIN), and cyber crime units at the Indonesian National Police (Polri). At this time, the crime of Cyber Terrorism has risen to become Cyber Narcoterrorism, so that it has become one of the potential forms of crime in the future. At this time, the crime of Cyber Terrorism has increased to become Cyber Narcoterrorism so that it has become one of the potential forms of crime in the future that can threaten the stability of a country. Cyber Narcoterorism is a new phrase in the Cyber world that needs to be watched out by the Indonesian security authorities. Cyber Narcoterrorism is a term conveyed by TNI Commander General TNI Gatot Nurmantyo and calls on all ranks of 2 Erdianto, K. (2017). Cyberterrorism Salah Satu Alasan Dibentuknya Badan Siber Nasional. Kompas.com, nasional.kompas.com/read/2017/01/09/19163671/.cyber.terrorism.salah.satu.alasan.dibentuknya.badan. siber.nasional. (Accessed on February 13, 2020) JURNAL MEDIA HUKUM, 27(2), 267-283 269 the TNI, Territorial Command and Intelligence apparatus to be aware of this threat. Cyber Narcoterorism is a new type of crime in cyberspace but has a broad impact on the security and national sovereignty of a nation. Cyber Narcoterrorism can be interpreted as efforts, work, activities and actions carried out by certain parties/ groups both state and non-state actors circulating narcotics for the purpose of financing terrorist activities through the use of cyber media. This definition is a platform of understanding that is used as a guide for the TNI in observing the development of Cyber Narcoterrorism. Seeing the number of Cyber media users, concrete anticipation steps are needed so that the potential to become victims or Cyber Narcoterrorism actors can be minimized. Even if necessary, Indonesia must have a special independent institution as a supervisor and to provide recommendations for legal action for this cybercrime. As a concrete step that can be taken to reduce Cyber Narcoterrorism such as: Recruiting IT experts to strengthen IT within the TNI, Strengthen and improve the quality of knowledge and skills of personnel serving in the Complex by providing continuous IT education and training, Procurement electronic communication infrastructure, in collaboration with law enforcement officials in tackling cyber narcoterrorism, and compiling software and most importantly, Indonesian Army should be an example in using social media, filling in good and true content. The massive use of social media by many groups must be a serious concern and have the ability to fortify the negative influence of the use of social media by groups who are not responsible for society. The minimum effort that can be done for the current condition is filtering/blocking as an initial counterintelligence action to deal with the threat of Cyberterrorism. The era of globalization which no longer recognizes state boundaries, Cyberterrorism is one of the models of war without troops. At present, Indonesia is a fertile ground for the cadre of terrorism and a safe place to shelter for terrorist activities3. The interaction between the use of information technology and human motives to commit terrorism in cyberspace or in the virtual world gives a new understanding of terrorism, namely cyberterrorism. In some cases, the development of these technologies is used by radical groups to launch their activities4. Based on this, the problem is: a. What is the new form of cyberterrorism crimes committed by terrorists by making the internet a media or target of attacks? b. What are the efforts made in the prevention of cyberterrorism in Indonesia? The expected benefits are to provide general input for the development of law, specifically in the field of specific criminal law (criminal acts outside the Criminal Code) relating to (cybercrime). Practically, it is expected to provide input to the government in the context of policy making and the formation of legislation related to cybercrime, especially relating to terrorism and as information material to the public regarding cyberterrorism crimes. 3 Atmasasmita, R. (2011). Laporan Akhir Naskah Akademik RUU No. 15 Tahun 2003 Tentang Pemberantasan Tindak Pidana Terorisme. phn.go.id/data/documents/naskah_akademik_ruu_tentang_pemberantasan_tindak_pidana_terorisme. pdf (Accessed on February 25, 2020) 4 Salam, M. F. (2005). Motivasi Tindakan Terorisme (1st ed.). Mandar Maju. p. 216. P-ISSN: 0854-8919, E-ISSN: 2503-1023 270 This research aims to understand that crime is still relatively new, minimizing terrorist groups ability to attack information networks and electronic transactions as a tool to spread terror widely. Therefore, this study briefly describes cyberterrorism. It is also necessary to think about controlling to prevent the development of cyberterrorism in the future. 2. Method The research method used in this study is a normative research method, namely research that is focused on examining the application of the rules or norms in positive law5. Normative research is legal research carried out by examining library materials or secondary data as a basis for research by conducting a search of regulations and literature relating to the issue under study6. The author uses the statutory approach and conceptual approach7, while the data collection method in this research through library research by searching the legal principles, statutory regulations and other documents that related to the problem under study8. 3. Analysis and Results 3.1. Development of Cyber Terrorism Crimes Committed by Terrorists by Making the Internet a Media or Target of Attacks The development of the globalization era that gave rise to the Internet media has made the communication media used by terrorists increasingly develop. They try to adapt their abilities to the development of existing communication and information technology. The transformation from the use of conventional media to new media, namely the Internet which gave rise to the phenomenon of cyber-terrorism moreover it would use artificial intelligence technology as well9. Cyber-terrorism has become a world issue that requires all countries to be able to dominate the world of the Internet to find out terrorist acts. The more rapid development of new media technology, the more sophisticated the media used by terrorists and the greater the acts of terrorism. The benefits of advancing information and communication technology especially the internet have touched all sides of modern human life. This positive side was apparently followed by the dark side of internet use10. The internet has evolved, which was originally used for military purposes and has become a target for scientific and criminal means. Internet users are not only general users but are used by spies and terrorists. After September 11, 2001 attacks on New York and the Pentagon, terrorism received much attention from all over the world. The world community hopes to predict the next act of terrorism because everyone believes that terrorism will happen. 5 Ibrahim, J. (2012). Teori dan Metodologi Penelitian Hukum Normatif. Bayumedia Publishing. p.25. 6 Soekanto, S., & Madmuji, S. (2015). Penelitian Hukum Normatif : Suatu Tinjauan Singkat. PT RajaGrafindo Persada. p. 49. 7 Marzuki, P. M. (2010). Penelitian Hukum (Cet.6). Kencana Prenada Media Group. p.35. 8 Ibid., 9 Rahman, R. A., & Habibulah, R. (2019). The Criminal Liability of Artificial Intelligence: Is It Plausible To Hitherto Indonesian Criminal System? Legality : Jurnal Ilmiah Hukum, 27(2), 147. https://doi.org/10.22219/jihl.v27i2.10153. P. 148-149 10 Trisa, U. (2014). Kebijakan Anstisipatif Hukum Pidana Untuk Penanggulangan Cyberterrorism. Masalah- Masalah Hukum, 43, 1–10. https://media.neliti.com/media/publications/158219-ID-none.pdf) https://doi.org/10.22219/jihl.v27i2.10153 JURNAL MEDIA HUKUM, 27(2), 267-283 271 One factor that can predict their actions is what method they use to send their terror to the targeted population11. This media is related to terrorism as their communication tool. Seeing the great dependence on the internet, terrorist attacks aimed at him pose a serious threat which includes a new territory for national security and public policy. Therefore, a country must start thinking about securing its network system from attacks, especially from cyberterrorism. So it is very important that the phenomenon of cyberterrorism is must be well understood because of the shadow of terrorist attacks that always lurk all of us all the time. Media and terrorism are two central themes that attract attention because they have a common thread. The common thread between media and terrorism is inseparable from the aspect of news commercialization. Terrorism is a social fact that can be exploited in the interest of increasing news consumption. Meanwhile, modern terrorism utilizes communication media to affect the public through a form of terror propaganda. There is a symbiotic relationship between the two who meet at the point of interest in information needs and the desire to be covered by the media12. The connection between terrorists and the media was also revealed by Hendropriyono that there are mutually beneficial conditions (symbiotic mutualism) between terrorists and the media. The media has strengthened terrorist acts as politically important out of proportion13. Terrorism is the deliberate use or threat of using violence against civil society or against civil society targets to defend political objectives. The terrorism side is based on three important elements, namely14: a. The essence of the act of terrorism in the use of threats or violence. Based on this, element an activity that does not include violence or the threat of violence will not be defined as terrorism (including non-violent protests, peace demonstrations, tax rebellions, and the like). b. The purpose of terrorism is always political. The aim is to defend political goals, change the regime, change people with power, change social or economic policies. In the absence of political goals, an action cannot be defined as terrorism. An act of violence against civil society that has no political, criminal or criminal purpose is not related to terrorism. Some experts put the ideological or religious goals on the list of goals that are political in nature. c. The target of terrorism is civil society. Terrorism exploits the fragility of civil society to cause intense anxiety and and provokes intense media reaction by attacking against civil society targets. In its development, technological advancements and the era of globalization gave rise to new media that allowed terrorists to attack in ways previously unimaginable 11 Susan W Brenner, “Cyber-terrorism: How real is the Threat?,” Media Asia, last modified 2001, https://www.tandfonline.com/doi/abs/10.1080/01296612.2002.11726680. (Accessed on March 7, 2020) 12 Sukarno & Adam W, “Dilema Peliputan Terorisme dan Pergeseran Pola Framing Berita Terorisme di Media Massa,” Jurnal Ilmu Sosial dan Ilmu Politik, 14 (3) (2011). p. 333–348. 13 A.M Hendropriyono, Terorisme: Fundamentalis Kristen, Yahudi, Islam (Jakarta: PT Kompas Media Nusantara, 2009). p. 47. 14 Boaz. Ganor, “Terrorism: Is One Man’s Terrorist Another Man’s Freedom Fighter?,” Police Practice and Research: An International Journal, last modified 2002, https://www.ict.org.il/Article/1123/Defining- Terrorism-Is-One-Mans-Terrorist-Another-Mans-Freedom-Fighter#gsc.tab=0. (Accessed on March 20, 2020) https://www.tandfonline.com/doi/abs/10.1080/01296612.2002.11726680 P-ISSN: 0854-8919, E-ISSN: 2503-1023 272 through the Internet. Acts of terrorism that are unexpected and capable without leaving a trace. And, acts of terrorism that are not limited by time and affordability of place. The roots of the development of cyberterrorism can be traced since the early 1990s, when the growth of the Internet was growing rapidly and the emergence of the information community. In the United States since then a study was conducted on the potential risks that would be faced by the United States over its dependence on networks and high technology. The dependence of the United States is so high on networks and technology that one day America will face what is called Electronic Pearl Harbor. Psychological, political, and economic factors are a combination that makes the American fear increases on the issue related to cyberterrorism. In 1999, President Clinton came up with a budget proposal to deal with cyber terrorism in the amount of $ 2.8 billion, which was also intended for handling national security from the threat of internet dangers. This fear is quite reasonable, because there were several incidents categorized as cyberterrorism, including in April and March 2002, in the United States, precisely the state of California, there was a total loss of electricity supply caused by crackers from China which infiltrated the power network generator in the region. Another example is the action of 40 crackers from 23 countries joining the Israeli-Palestinian cyber war between October 2000 and January 2001. A group calling itself UNITY and having links to the Hezbollah organization planned to attack the Israeli governments official website, financial and banking system, ISPs Israel and attacking the e-commerce sites of the Israeli Zionists. The shift from conventional terrorism to cyberterrorism is due to several factors. Weimann in his article “How Modern Terrorism Uses the Internet” tells eight reasons why a shift in the area of terrorism activities from conventional to cyberterrorism is as follows15: a. Ease of access. Cyberterrorism can be done remotely. This means that cyberterrorism can be carried out anywhere through remote control. b. At least the regulations, censorship, and all forms of government control. c. The potential for globalizing information dissemination. d. Anonymity in communication. This is common in the world of the Internet. Most people interact on the Internet using a fake name or nickname e. Fast information flow. f. Low cost to develop and maintain a website, besides that in carrying out cyberterrorism that is needed, generally only a computer device that is connected to the Internet network. g. Multimedia environment that makes it easy to convey the intent and purpose of terror. h. Better ability than traditional mass media in presenting information. 15 Weimann, G, “How Modern Terrorism Uses the Internet”, United Space Institute of Peace: Special Report, https://www.usip.org/sites/default/files/sr116.pdf (Accessed on April 8, 2020) https://www.usip.org/sites/default/files/sr116.pdf JURNAL MEDIA HUKUM, 27(2), 267-283 273 To explore what and how cyberterrorism, it is necessary to first give a definition of the cyberterrorism. Some institutions and experts provide definitions related to cyberterrorism. The first definition is obtained from the Black’s Law Dictionary, which explains the following: Cyberterrorism. Terrorism committed by using a computer to make unlawful attacks and threats of attack computers, networks, and electronically stored information, and actually causes the target to fear or experience harm. Terrorism is carried out by using computers to carry out attacks on computers, computer networks, and electronic data that causes fear of victims. From this definition, the main elements of cyberterrorism can be seen, namely: a. computer use, b. the aim is to carry out attacks, these attacks are aimed at computer systems and data, c. and the result of fear of the victim. The next definition issued by the Federal Bureau of Investigation (FBI) states as follows16: cyber terrorism is the premeditated, politically motivated attack against information, computer systems, computer programs, and data which result in violence against noncombatant targets by sub-national groups or clandestine agents. (Can be freely translated as, cyberterrorism is a planned attack with political motives on information, computer systems, and data that results in violence against civilians and is carried out by sub-national groups or secret groups). The next definition is given by Dorothy Denning, which is: Cyberterrorism is the convergence of cyberspace and terrorism. It refers to unlawful attacks and threats of attacks against computers, networks and the information stored therein when done to intimidate or coerce a government or its people in to furtherance political or social objectives (cyberterrorism is the convergence of cyberspace and terrorism). This definition refers to acts against the law by attacking and threatening to carry out attacks on computers, networks and information stored therein for the purpose of intimidating or coercing the government or society for political or social purposes). The Internet and Terrorism, Lewis states as follows17: The Internet enables global terrorism in several ways. It is an organizational tool, and provides a basis for planning, command, control, communication among diffuse groups with little hierarchy or infrastructure. It is a tool for gathering intelligence, providing access to a broad range of materials on potential targets, from simple maps to aerial photographs. One of its most valuable uses is for propaganda, to relay the messages, images and ideas that motivate the terrorist groups. Terrorist groups can use websites, email and chatrooms for fundraising by soliciting donations from supporters and by engaging in cybercrime (chiefly fraud or the theft of financial data, such as credit card numbers). Based on this statement, we know the possibility or other forms of cyberterrorism, namely the use of information technology, in this case the Internet as an organizational tool that functions as a tool for planning, giving commands, communicating between 16 Overview of Cyber-Terrorism,” last modified 2002, www.cybercrimes.net/Terrorism/overview/page1.html. (Accessed on April 9, 2020) 17 James A. Lewis, Assessing the Risks of Cyber Terrorism, Cyber War and Other Cyber Threats (Center for Strategic and International Studies (CSIS), 2002). p.41 http://www.cybercrimes.net/Terrorism/overview/page1.html P-ISSN: 0854-8919, E-ISSN: 2503-1023 274 group members18. In addition, the information technology base becomes an important part of terrorism, namely as a propaganda media for terrorist activities. In its development, technological advancements and the era of globalization gave rise to new media that allowed terrorists to attack in ways previously unimaginable through the Internet. Acts of terrorism that are unexpected and capable without leaving a trace. Acts of terrorism that are not limited by time and affordability of place. The use of Internet-based media shows that terrorists understand the media as a strategy and tactic tool in their terrorist activities. The use of the Internet by terrorists in various forms of messages, both audio-visual, image, and words simultaneously, and continuously aims to make the world community remain aware of the existence of terrorists. Global terrorism uses various types of new media in several ways to generate publicity and attract public attention19. The variety of media used is adjusted to the target audience they want to communicate20. Al-Qaeda figures who are very active in using Internet applications in their terrorist activities are Al-Awlaki, who was born in New Mexico and got his degree from the University of Colorado and the University of San Diego21. The use of Internet media is very clearly used for websites, YouTube, social media and, online magazines. Plus, online games are added by intelligence as well as the media they coordinate in developing strategies. The variety of online media applications is used maximally by terrorists for their activities. 3.2. Efforts to Control the Development of Cyberterrorism Cyberterrorism is a form of crime that is difficult to conduct surveillance and is also a crime that is cross-country in nature so that it sometimes adds complexity in terms of prosecution. This type of crime is also classified as a criminal offense between different legal systems, which in turn impacts the danger of this crime picture. Therefore, the discussion in this section examines more about a technological approach that is useful as a control of cyberterrorism and a legal approach to dealing with cyberterrorism. The goal is that efforts to prevent the development of cyberterrorism into a measured and systematic response as part of a rational policy to anticipate cyberterrorism. When viewed from the scale of action and its organization, terrorism is distinguished between national terrorism, international terrorism, and transnational terrorism. The National network of organizations and acts of terrorism are limited to certain countries territories. The threat of cyberterrorism can afflict all countries, including Indonesia. The use of internet facilities to carry out terrorism needs to be watched out for its movements given that almost vital state-owned facilities, public facilities, and community activities are currently utilizing the internet and are dependent on the internet because of the speed and flexibility that can connect them all. Cyberterrorism attacks that attack anything that is connected to the internet, especially vital objects 18 Gunawan Y., Aulawi M. H., Ramadhan A. R., (2020), Command Responsibility of Autonomous Weapons Systems under International Humanitarian Law, Jurnal Cita Hukum, Vol. 7 No. 3 (2019), pp.351-368, DOI: 10.15408/jch.v7i3.117255. 19Terrorist groups recruiting through social media., CBC News, 2012, http://www.cbc.ca/news/technology/ terrorist-groups-recruiting-through-social- media-1.1131053 (Accessed on April 17, 2020) 20 Lumbaca, S.,& Gray, D. . (2011). The Media As An Enabler For Acts Of Terrorism. Global Security Studies, 2 (1). p. 53 21 D.M Seib, P. & Janbek, Global Terrorism and New Media: The post-Al Qaeda generation. (New York: New York: Routledge Taylor & Francis Group, 2011). p. 35. JURNAL MEDIA HUKUM, 27(2), 267-283 275 belonging to the government that can interfere with their functions, can even make a greater victim than conventional terrorism. Meanwhile, international terrorism, directed at foreigners and foreign assets, is organized by governments or organizations of more than one country, and aims to influence the policies of foreign governments. Transnational terrorism is global network terrorism that prepares a global revolution for new world order (part of international terrorism that is becoming radical)22. This is a picture of the development of the world of terrorism crime, which is increasingly becoming more systematic and organized. It has been stated above that there are two approaches related to preventing the development of cyberterrorism, these are as follows: a. Technological Approach Cyberterrorism is a type of crime that is closely related to terrorists who use advanced technology as a means or target of attacks. So the most rational effort in dealing with new variants of crime …