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Indonesia to Update Cybercrime Laws with Second Amendment to ITE Law

The administration and the House of Representatives of Indonesia have addressed the Second Amendment Draught Law (RUU) to Law Number 11 of 2008 concerning Information and Electronic Transactions (ITE). Johnny G. Plate, Minister of Communication, and Informatics emphasised that the government is prepared to take measures based on the feedback received during the meeting.

“By giving the views of the DPR RI factions on discussing the mechanism and schedule for discussing and discussing the Problem Inventory Lists (DIM) material for the Bill on the Second Amendment to Law Number 11 of 2008 concerning ITE, we can convey that the government is ready to follow up until the discussion on the revision of the ITE Law is completed,” he said in a Joint Working Meeting with Commission I of the Indonesian Parliament at the Nusantara II Building, Senayan, Central Jakarta.

Minister Johnny explained the government is prepared to act on any feedback provided by council members, and he emphasised that this readiness will be communicated to the public. Furthermore, following the Decree Number 120 of 2023 issued by the Minister of Communication and Information, the government has established a Government Working Committee to conduct discussions.

The Director General of Informatics Applications within the Ministry of Communication and Informatics and the Director General of Laws and Regulations within the Ministry of Law and Human Rights will oversee leading the Working Committee (Panja). He went on to clarify that the Cyber Police Team was also involved in the conversation at some point.

Developing an electronic transaction system and regulations surrounding cybercrime are the two primary regulatory materials the ITE Law contains. In general, the ITE Law has these two critical regulatory materials. The most important thing was the law referred to the Budapest Convention on Cybercrime and updated criminal law provisions by providing a cyberspace context to criminal law provisions.

Johnny indicated that changes would be made to the ITE Law to safeguard the public from making inappropriate use of information technology in general. It is done to ensure that there will always be order in cyberspace.

The ITE Bill was the topic of public talks in September and December of 2022. As a result of these discussions, feedback suggested that the ITE Bill should incorporate restorative justice norms.

Restorative justice will be implemented through efforts to resolve criminal acts that constitute a complaint offence. The explanation section will be where the intended state of practical justice application will be a settlement outside of court.

It is planned that this proposal will be included in both parts of the ITE Law. Specifically, restorative justice will be implemented through efforts to resolve criminal acts that constitute a complaint offence. After considering the perspectives held by each camp, a settlement was reached.

In addition, during the 5th Session Period, the government will continue discussing more extensive and relevant material. According to Abdul Kharis Almasyhari, Deputy Chairman of Commission I DPR RI, several Problem Inventory Lists (DIM) are already scheduled to be discussed soon.

“We communicate that there is a total of 38 DIMS in the RUU, comprising seven proposals for permanent DIM, seven for DIM editorial change, and 24 for DIM substance change. In addition, the new measure offered by the faction contains 16 DIMS, and the explanation for the bill contains 26 DIMS,” he specified.

Johnny has clarified that the Ministry of Communication and Informatics held a public discussion about the ITE Law the previous year. One of the most important things that came out of the public conversation was the input that the Norms of Restorative Justice ought to be included in the second version of the ITE Law.

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