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DOI: https://doi.org/10.33258/birci.v5i3.6475
Electronic Signature in Provening the Criminal Act of Forgiveness
Maman Budiman
Faculty of Law, Universitas Pasundan [email protected]
I. Introduction
Activities in the digital world have now become a major need for the world community, including Indonesia. All areas of life today are highly dependent on activities that use information technology facilities. The community is greatly helped by the development of information technology, because it can support all areas of national and state life, from the economic, political, legal, educational and social fields. Various inventions in the field of information and communication technology currently allow people to use the internet through personal computers (Personal Computers / PCs) or other electronic media anywhere. The progress achieved by humans has provided many conveniences and benefits for humans in their efforts to improve the welfare of mankind
Abstract
The electronic signature abuser has violated the criminal law. The crime can be categorized as a criminal act of forgery as regulated in the Criminal Code Article 263 paragraph 1. To be subject to sanctions in Article 263 paragraph (1) of the Criminal Code, the forged letter must be a letter that can issue rights such as certificates, can issue an agreement such as an agreement. debt, can issue a debt such as a receipt and a letter that may be used as a statement for an act or event such as a birth certificate. The current development of authentic documents such as birth certificates, diplomas, sale and purchase certificates, payment receipts using electronic signatures, where the electronic signature may not be recognized by the original signature holder. From the background of the problem that will be studied by the author is whether electronic signatures are legal evidence in accordance with Article 184 paragraph 1 of the Criminal Procedure Code, and how to prove the authenticity of electronic signatures in criminal cases of forgery. The research method used in this paper is to use an interdisciplinary method that combines several legal sciences, such as criminal law, criminal procedural science and evidentiary law. The conclusion in this paper is that electronic signature evidence can be categorized as evidence as regulated in Article 184 paragraph 1 of Law Number 8 of 1981 concerning the Criminal Procedure Code because the results of a letter issued by the Criminal Laboratory of the Police Headquarters can be categorized as letter evidence because it is issued by an authorized institution. Proof of the authenticity of electronic signatures in criminal cases of forgery must be tested first at the Criminal Laboratory (Labkrim) of the National Police Headquarters (Mabes), whether the signature is authentic or not, after that it is matched with the original signature. After doing further research to see whether the signature is used as a signature.
Keywords
forgery of signatures; proof;
electronic signatures.
Budapest International Research and Critics Institute-Journal (BIRCI-Journal) Volume 5, No 3, August 2022, Page: 24519-24524 e-ISSN: 2615-3076 (Online), p-ISSN: 2615-1715 (Print)
www.bircu-journal.com/index.php/birci email: [email protected]
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(Suseno, 2012). Development is a systematic and continuous effort made to realize something that is aspired. Development is a change towards improvement. Changes towards improvement require the mobilization of all human resources and reason to realize what is aspired. In addition, development is also very dependent on the availability of natural resource wealth. The availability of natural resources is one of the keys to economic growth in an area. (Shah, M. et al. 2020)
The development of activities in the digital world often creates legal problems in the community or is known as a new crime in cyberspace (Cyber Crime). One of the developments of the digital world is the existence of electronic signatures that are used in every activity of life. Actors who use electronic signatures enter the realm of electronic transactions which in Indonesia are regulated in Law Number 19 of 2016 in lieu of Law Number 11 of 2008 concerning ITE. The ITE Law or can be called Cyberlaw in Indonesia was made in order to regulate all aspects of life in the internet (cyber) world. The ITE Law accommodates the needs of internet users and the digital community to obtain legal certainty by recognizing electronic evidence and digital electronic signatures as legal evidence. Electronic signatures have actually been legally recognized to be used in various administrative activities, the legal basis is Article 11 paragraph 1 of the ITE Law, then also regulated in Article 52 paragraphs 1 and 2 of Government Regulation Number 82 of 2012 concerning the implementation of electronic systems and transactions as well as regulations the Financial Services Authority (OJK) Number 77 of 2016 Article 1 paragraph 15. Electronic signatures are said to be valid if the electronic signature is only made to the signer, then the data during the electronic signing process is only in the power of the signing. The use of electronic signatures that do not comply with the two conditions above can be regarded as committing a cyber crime, because it is carried out in the digital world or using electronic devices. This type of crime is included in the category of crimes regulated in the ITE Law. Crimes that are included in the digital world are hacking illegal interception, defacing, electronic theft, interference, facilitating prohibited criminal acts, identity theft, are crimes whose targets are using the internet, computers and technology.
As we know, this type of crime is a new form of crime, and technological developments have created new media to provide freedom of expression.
Therefore, legislators reorganized crimes in the Information and Electronic Transactions Act. In fact, all these types of crimes are already organized into other criminal acts and this creates what Douglas Huzak calls overcriminalization. (Andi Fadilah, Renda Aranggraeni and Sri Reski Putri, 2021). By looking at the explanation above, the use of unauthorized electronic signatures can be categorized as electronic theft because the person who has the signature does not know that his signature has been misused. The electronic signature abuser has violated the criminal law. This crime can be categorized as a criminal act of counterfeiting which is regulated in the Criminal Code Article 263 paragraph 1.
Article aquo reads is anyone who makes a fake letter or falsifies a letter that can issue a right, an agreement (obligation) or something debt relief, or which may be used as an explanation for an act, with the intention of using or ordering other people to use the documents as if they were genuine and not falsified, then if using them can result in a loss, the sentence for falsification is punishable by a maximum imprisonment of six years. To be subject to criminal sanctions in Article 263 paragraph (1) of the Criminal Code, the forged letter must be a letter that can issue rights such as certificates, can issue an agreement such as a debt agreement, can issue a debt relief such as a receipt and a letter that may be used as a statement for an act or event such as a birth certificate.
The current development of authentic documents such as birth certificates, diplomas, sale and purchase certificates, payment receipts sometimes use electronic signatures which
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may not be recognized by the original signature holder. This raises problems in proving whether electronic signatures can be equated with letter evidence. In Article 184 paragraph 1 of Law Number 8 of 1981 concerning the Criminal Procedure Code, it is regulated regarding evidence. The proven tools are witness testimony, expert testimony, letters, instructions and testimony of the defendant. From the background above, the problem that will be studied by the author is whether electronic signatures are legal evidence in accordance with Article 184 paragraph 1 of the Criminal Procedure Code, and how to prove the authenticity of electronic signatures in criminal cases of forgery?.
II. Research Method
Research methods are needed in writing scientific papers so that the analysis of the object of study can be carried out properly so that the conclusions obtained are also correct.
The research method referred to by the author is in the form of a problem approach, methods of collecting legal materials, sources of legal materials and analysis of existing legal materials in order to obtain alternative problem solving in accordance with applicable legal provisions or principles. The research method in this paper is to use the interdisciplinary method, which is a method that combines legal knowledge, such as criminal law, criminal procedural law and evidentiary law.
III. Result and Discussion
3.1 Electronic signature evidence can be categorized as evidence as stipulated in Article 184 paragraph 1 of the Criminal Procedure Code
The benefits of technology and information can be felt both in the fields of education and the economy and others, matters relating to the development of science, science and so on are easily accessible, so that billions and even trillions of information can be received quickly. . In the field of work, the management of large amounts of data can be managed properly, quickly, effectively and efficiently and minimize errors. In the economic field, promotions and potentials in improving people's welfare are carried out quickly without place or region restrictions and reach all levels of society both nationally and internationally. However, the development of technology and information not only provides benefits but also causes problems that can harm the community, such as data misuse, theft of personal data, sales of personal data, fraud and others (Sahat Maruli Tua Situmeang, 2021).
In addition to these actions, there are actions in the digital space, namely the creation of electronic signatures for the purposes of documentation activities such as making certificates, deed of sale and purchase, a statement of something. The electronic signature can cause problems if the person who has the signature does not acknowledge that he has signed or does not approve documents that use electronic signatures. This act can be categorized as a crime of counterfeiting as regulated in Article 263 paragraph 1 of the Criminal Procedure Code and may be subject to the ITE Law. Crime is a human act that violates or contradicts what is specified in the rule of law, strictly speaking, an act that violates the prohibition stipulated in the rule of law and does not fulfill or oppose the orders that have been stipulated in the rule of law applicable in the community where the person concerned resides. Herlambang, I. T. 2019).
In terms of language, crime itself comes from an evil base that gets the prefix "ke"
and the suffix "an" which in the general Indonesian dictionary, crime has the meaning of evil nature, evil actions such as stealing (Utomo, 2020). From several experts and/or
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criminal law experts to define crime based on their own thoughts, one of them is R.
Soesilo. The definition or meaning of Crime according to R. Soesilo in a book entitled the Criminal Code and Complete Commentaries Article by Article, namely the view to distinguish the meaning and/or definition of crime into two points of view, namely the juridical point of view and the point of view from a sociological point of view. From a juridical point of view, according to Soesilo, the notion of crime is an act and/or behavior that is contrary to the law or the rules that have been made and applied. Viewed from a sociological point of view, the definition of crime is a series of actions and/or behaviors that in addition to harming the sufferer, are also very detrimental to society, namely in the form of loss of balance, peace and order. Meanwhile, Soedjono Soekanto's view is that crime is a human act that violates or contradicts what has been determined by the rule of law, strictly speaking, that is an act that violates the prohibition set forth in the rule of law and does not fulfill or violate the orders stipulated in the applicable legal rules. in the community life concerned resides and/or settles (Christianto, 2016).
To prove a crime, evidence is needed by carrying out an investigation and investigation process so that evidence can be obtained, including to prove crimes in the digital world, especially the crime of forging electronic signatures. Evidence is regulated in Article 184 paragraph 1 of Law Number 8 of 1981 concerning the Criminal Procedure Code which consists of witness statements, expert statements, letters, instructions and statements of the defendant. Especially for criminal acts in the digital world, the evidence setting also uses the ITE Law, namely Law Number 19 of 2016 amendments to Law Number 11 of 2008 concerning ITE. In Article 5 it is stated that in addition to the evidence regulated in other laws, for digital crimes the evidence recognized is electronic transactions and electronic documents. By looking at the above, electronic signature evidence can be categorized as evidence and can be used as a legal basis by law enforcement to process criminals in the digital world.
3.2 Proof of the authenticity of electronic signatures in criminal cases of forgery The concept of cyber crime evolved from computer crime. This can be seen back in the 1970s when computers were only used by a limited number of people working in the security sector. The first types of cybercrime are hacking, vandalism, computer viruses, computer intrusion, and identity fraud. Then in the 1980s and 1990s when computers and technology had become more mainstream and as computers and the internet became more widely used, computer crimes became more frequent. (Andi Fadilah, Renda Aranggraeni and Sri Reski Putri, 2021). The Budapest Convention on Cybercrime 2001 has a limited scope of cybercrime, being the first international convention to address internet and computer crime. Although the concept of cyber crime is not clearly stated, the concept of cybercrime can be found from the scope of cybercrime. In Indonesia, the norm to regulate cyber crime is in the ITE Law.
The Aquo Law consists of 13 chapters and 54 articles that discuss in detail how the rules live in the digital world. There are several articles that were revised in 2016 related to the ITE Law. There are around 11 articles that regulate actions prohibited in the ITE Law, which covers almost 22 types of prohibited acts. Of the 11 articles, there are 3 articles that are suspected of endangering internet users. The articles are Article 27 paragraphs (1) and (3), Article 28 paragraph (2), and Article 45 paragraphs (1) and (2). In The Budapest Convention on Cybercrime 2001 as explained above, the types of crimes that will be classified as cybercrimes are limited to three groups of violations and of course there are slight differences with the crimes regulated in the Indonesian ITE Law. First, violations of confidentiality, integrity, and availability of data and computer systems with the scope of
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violations are illegal access, illegal interception, data interference, system interference, and misuse of devices. Second, computer-related offenses with two scopes of computer-related forgery offenses. The third violation is related to copyright infringement which is only limited to violations related to child pornography (Flowers, 2019). Electronic signatures that are misused are included in the category of computer-related forgery, therefore the process of proving in this case is an important thing that must be carried out by law enforcement officials. Signature comes from Latin, namely signare or sign or initials, which is a special form of handwriting that contains special characters and additional forms that are often used as evidence of authentication/verification of a person's identity.
To prove that electronic signatures can be used as evidence in a criminal case, especially the crime of forgery, law enforcement officers must test it at the Criminal Laboratory (Labkrim) of the National Police Headquarters (Mabes). Proof in criminal cases is the main thing in the process of handling criminal cases, because to seek material truth. Proof is the act of proving and it is law enforcement officers who must prove it. To prove means to give or show evidence, to do a truth, to witness, and to convince. Proof (bewijs) in Dutch has two meanings, it can be interpreted as an act by which a certainty is given, it can also be interpreted as a result of the act, namely the existence of a certainty.
There are four evidentiary systems in criminal law, namely a mere belief system (Conviction Intime), a belief system with logical reasons (Laconviction in Raisonne), a positive legal based proof system (Positief Wettelijk Bewijstheorie), and a negative legal proof system. (Negatief Wettelijk Bewijstheorie). Proving whether the electronic signature is authentic or not is not easy because it needs to match the original signature. After doing the matching, it is then seen whether the function of the signature is used properly, that is, with the knowledge of the person who has the signature, otherwise it will be a legal problem. The evidence recognized by the Criminal Procedure Code in particular Article 184 paragraph 1 is witness testimony, expert testimony, letters, instructions and statements of the defendant, as well as specifically in digital crimes, transactions or electronic documents are also recognized as evidence based on Article 5 of the ITE Law. By looking at the formulation, the letter issued by the Criminal Laboratory (Labkrim) of the National Police Headquarters (Mabes) becomes evidence of the letter in accordance with Article 184 paragraph 1 of the Criminal Procedure Code.
IV. Conclusion
1. Electronic signature evidence can be categorized as evidence as regulated in Article 184 paragraph 1 of Law Number 8 of 1981 concerning the Criminal Procedure Code because the results of a letter issued by the Criminal Laboratory of the National Police Headquarters can be categorized as letter evidence because it is issued by an agency.
who has the authority. In addition, the regulation of evidence in cyber crime cases also uses the ITE Law, namely Law Number 19 of 2016 amendments to Law Number 11 of 2008 concerning ITE, especially in Article 5 which states that apart from the evidence regulated in other laws, for crimes digital evidence that is recognized is electronic transactions and electronic documents.
2. Proof of the authenticity of electronic signatures in criminal cases of forgery must first be tested at the Criminal Laboratory (Labkrim) of the National Police Headquarters (Mabes) whether the signature is authentic or not, after that it is matched with the original signature. After doing the matching, the function is then seen whether the signature is used properly, that is, with the knowledge of the person who has the signature.
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