Popular Post

Archive for 2013

3.1 Overview About Spamming in Indonesia

By : Unknown


CHAPTER I
PRELIMINARY

1.1    General
Information technology in this period has grown rapidly leading to a world without borders and directly or indirectly change the lifestyle and behavior of people in the world that can cause changes in their lives, such as changes in social, economic, cultural, and did not rule in the case of law enforcement in the world. Especially in the virtual world that is easily accessible by every person in the world to be used as a means of day-to-day needs of the social needs such as website creation, means of information, means of entertainment, places to publicize the work they do and the most frequently used is for the means of trading.
Because it is so broad, the virtual world is also a means to the scene of the crimes referred to as Cyber ​​Crime, cyber crime for some people it is only within the scope of the crime of fraud, hackers, and spreading false news spread of a thing which contain elements of pornography, but not the only thing that can be said as the Cyber ​​crime lot of other crimes are still foreigners who are also included in the category of Cyber ​​crime, one of the crime is a crime known as Spam or Spamming. Spam itself has a meaning as an abuse of the electronic news delivery for display advertising news and other purposes that lead to discomfort for the web users, Spam is usually comes by way of a barrage of unsolicited and often unwanted by the recipient.
Most people around the world consider only found in spam email, but in accordance with the development of technology that is increasingly out of control, and virtual worlds are increasingly widespread. So that spam is not limited to email, but also found on the websites, blogs and others. Spam on Blogs usually contain advertisements annoying and lead to low quality sites or sites containing malicious fraud or hoax.
Spam is usually sent for the purpose of publicity and media campaign for the company's products or spammers sending junk mail (a term for people who send spam). For example, a particular company wants to sell their products, through advertising or advertising if it will take a significant financial cost, by using this method then the companies will be able to send email as much as possible to all owners whose email exist in this world.
The second objective is usually used as a spam "email bomb", Spamming is also frequently used as a medium for the spread of viruses and worms, which is a character from viruses and worms to spread throughout the file automatically email the owner is in the world, with the aim to get victims as much as possible. Spam can become unmanageable because most spam is not created manually by a human spammer. Spammers usually use a computer program called the Autobots, which automatically fill out web forms to create spam, and spam bots that make this much faster than our ability to do the checking.
In Indonesia regarding crimes in cyberspace regulated in the Law of the Republic of Indonesia Number 11 of 2008 on Information and Electronic Transactions, more specifically in Article 28 paragraph 1 states that:
“Any person itentionally and without right to disseminate false and misleading news which resulted in a loss of consumer electronic transactions”.
In Article 28, paragraph 1 of this can be said is still not perfect or still vague to be used as the basis for spamming, this is due to spamming itself has a variety of forms to commit a crime or breadth of understanding of the qualification itself spamming, paragraph 1 of Article 28 can be said only for acts spread false news and misleading, but if this article is used in spamming, the article is still too vague and it is still not sufficient to ensnare the perpetrators spamming. It is also due to the inclusion of the definition of spamming yet in Act number 11 of 2008 on Information and Electronic Transactions, under the law only lists the elements and qualifications of cybercrime in general just simply so it does not distinguish whether the qualifications of cyber crime, including categories of cracking, hacking, carding, phishing, spamming or another.
Based on the description above, the authors are interested in discussing this paper with the title: "SPAM CASE STUDY IN THE LAW OF THE REPUBLIC OF INDONESIA."

1.2     Aims and Objectives
Purpose in this paper is:
1.        To develop the skills and knowledge that can be applied by the authors during the education in AMIK Bina Sarana Informatika.
2.        Educating students to be more responsible for the report's authors made.
3.        Analyze some cases of spamming that occurred in Indonesia.
4.        Provide a reference for readers who need a source of information about the making of the report.
The purpose of this paper the authors conducted is as one to get the value of the courses EPTIK the Diploma Program (D. III) at the Academy of Information Management.

1.3    Research Methods
This type of research is normative research that focused on reviewing the application of the rules or norms of positive law, by using the approach of law (statute approach). Statute approach is a method of using the approach to legislation, because the study is the various rules of law that are the focus of research as well as the central theme. Types of legal materials is the primary legal materials of the Criminal Code, Act 11 of 2008 on Information and Electronic Transactions and Law No. 8 of 1999 on Consumer Protection. Secondary legal materials explanations for Law No.11 of 2008, the literature in the form of books that contains theories and opinions of legal experts, writing in the form of legal journals, theses and research reports relevant to the theme of the research, and others. The third ingredient is then supported by law sifting legal materials is to study the document.
The data obtained in this study were analyzed descriptively analyzing qualitative data obtained from the results of legal research materials processed and systematically arranged and described, in order to obtain a clear and complete picture of the object of study. While the qualitative data obtained from the results of the study are split, taken that have relevance to the issues to be studied further and then systematically arranged, so that it is concluded. This method aims to provide answers to the problems posed in this paper. Another goal of the method of this paper as well as input and consideration of the blog presentation materials will be presented.

1.4    Boundary Problem
In the writing of this paper the authors limit the scope of the issues to be discussed object, which only focuses on the case of Spamming in Indonesia, which deal with cyber crime law (cyberlaw) associated with spamming case in Indonesia which will be discussed, as well as the problem solving cases will be discussed in the papers and blogs are created.

1.5    Systematics Writing
In the systematics of this paper the author divides writing into four chapters. The brief description of each chapter is as follows:
BAB    I           INTRODUCTION
In this chapter described the general background of title selection, the intent and purpose of writing papers, research methods used in data collection, the scope or extent of the problem is discussed and systematic writing.
BAB    II         BASIS THEORY
In this chapter explains the basic concepts of the system that will be discussed within the scope of writing papers, ancillary equipment (System Tools).
BAB    III        DISCUSSION
This chapter contains an overview of spamming in Indonesia, motif spamming, spamming some cases and the impact of such losses and material losses immaterril. Spamming settings In criminal law in Indonesia.
BAB    IV       CLOSURE
In this chapter outlines the overall conclusions of the discussion in the previous chapters as well as provide suggestions that may be useful as a material for the future development of the system.















CHAPTER II
BASIS THEORY

2.1    Definition Of Cybercrime
Cybercrime is a form of virtual crime by the media using a computer connected to the Internet, and also exploit other computers connected to the internet. Many terms used in internet crimes such as hackers, crackers, script kiddies, and the phases are performed in conducting the attack.
Hackers are generally defined as those who have more capabilities. The term hacker himself classified into 3 parts, namely white-hat, blcak-hat and gray-hat.
a.       White-hat is intended for those who helped find vulnerabilities in computer systems and sometimes also provide solutions on how to overcome them.
b.      Blcak-hat while referring to people who exploit weaknesses in the system in order to obtain information or data illegally, or even damaging as to deface sites, data theft, data erasure, shutdown victim server, install a backdoor, and various other forms of attack such as DoS (Denial of Service) which makes the system not functioning.
c.       Gray-hat hacker gray or a combination of both the above, in which their actions can sometimes ruin, but on the other hand also helps computing world security.
Crackers is a term for people who use hackingnya expertise with the purpose of destroying or often called black hat.
Script Kiddies are those who do not have special expertise in the field of hacking. They got his start hacking tools downloaded from the Internet and then try to do the hacking with tools
Indonesian Police have formed a body called the Cyber ​​Task Force, which is responsible for managing all aspects of the law relating to crimes committed on the internet. Which is when a person internet criminals caught, then will be taken computer forensics.
Computer forensics can be defined as the science of forensics to retrieve, preserve, restore, and presenting data that has been processed electronically and stored on computer media (Noblett).
Definition of McKemmish (1999) states that computer forensics is a process for identifying, maintaining, analyzing, and presenting digital evidence (digital evidence) in a manner that is legally acceptable. Both definitions that have been mentioned, priority on the recovery and analysis of data. Commonly used methods for computer forensics in two, namely search and seizure and search of information (information discovery). This method was also developed with the management of evidence, such as the change of custody, and rules of evidence.

2.2     Definition of Cyberlaw
Cyber ​​Law is the legal aspect of its scope covers all aspects relating to an individual or legal person who uses the Internet and take advantage of technologies that began at the start line and enter the world of cyber or virtual. Cyber ​​Law itself is a term derived from the Cyberspace Law.
One indicator to see how the laws about internet applications required in Indonesian is with many companies become service providers for internet users in Indonesia. Companies that provide services provider in the Indonesian conscious or not is very important party role in advancing the development of cyberlaw in Indonesia where the functions they do like:
1.    Agreement internet customer account application.
2.    Treaty of making commercial home page design.
3.    reseller agreement placing the data on the internet server.
4.    offerings selling commercial products over the internet.
5.    Provision of information that is updated every day by a commercial home page.
6.    Provision of opinion polls or online via the internet.











CHAPTER III
DISCUSSION

3.1    Overview About Spamming in Indonesia
Sophos spam email claiming that rampant now more dangerous. Although most spam contains pharmaceutical ads, now spam contains malware that could potentially phishing for personal data users are also starting to emerge. In connection with this Sophos technology consultant Graham Cluley said that the "Spam not disappear in the near future. However, the motivation and the method used to send spam is constantly changing, in 2011, based on the 2011 Report Spam Evolution performed by one of the Kapersky anti-virus maker in the world, the study of Kaspersky says that India is the country sending the most spam e-mails. During the third quarter of 2011, of the entire e-mail traffic globally, as many as 79.8% is spam. Of that amount, 14.8% came from India, and 10.6% from Indonesia, and 9.7% from Brazil.
Darya Gudkova, a spam analyst at Kaspersky, said the statistics reflect a growing trend for spam. Much spam is sent from computers in Asian and Latin American countries because of lack of awareness about Internet security. Law to the realm of e-mail spam is still weak. This facilitates cyber criminals build botnets (networks of infected). Wijay Mukhi, Internet security specialist in Mumbai, the capital of India, said spammers are forced to look for new bases after other countries cracked down on the practice of spam. India currently has 112 million internet users, the third largest in the world after China and the United States, according to The Internet and Mobile Association of India (IMAI). Then until in 2012 a decline in the state of Indonesia, which in 2011 was ranked 3 4 dropped to compete with Russia that percentage is the same amount that is 5.0%, but when compared the impact of the loss of Indonesia that affected more than spamming this, because it's natural that Indonesia was ranked fourth while Russia ranked 5th.

3.2  Motive Of Spamming
Perpetrators of spamming (spammers) doing the act is usually performed by a particular background or motives, such as the Media Campaign, as a medium to increase popularity, as media deception, as a tool for spreading viruses and malware, as a "mail bomb."

3.3  Impact Case Spamming and Disadvantages
A crime can definitely cause an impact or harm to the victim, the losses can also be immaterial or material, while there are also spamming immaterril losses and also material.
Regarding other forms of loss or the impact of spamming can be explained as follows:
3.3.1   Immaterial
Most of the action in the form of spamming immaterial cause harm to the victim, the loss is for example:
1.    Spamming can take or waste time and effort from the recipient to read, sorting or sifting through, remove and refuse in the future, it is very annoying, imagine if email spam coming per day in the tens, hundreds or even thousands of users while being wait for the email which is very important, for example concerning the work especially in a state short on time or in a hurry. Therefore it is very annoying for users especially email spammer does have the intention to flood the email called the "email bomb" it is extremely harmful. For example, there is a company that intends to disrupt its business rivals by sending a mass email to the company who are victims will be disrupted.
2.    Spam coming barrage can meet resulting mailbox busy mailserver so slow service other than the spam also spend resources internet network so that said spam as "the biggest waste of bandwidth on the Internet and Usenet."
3.    May make it difficult for someone to use the internet (web browsing) as normal, for example, the number of advertisements or advertising that meets web pages or blogs to search, it is very annoying especially when internet users are ad satisfy a wanted web page, other than that when opened other web pages out the same type of advertising campaign, it is also very annoying when the ad is difficult to be removed.
4.     For fellow advertisers. Where other Advertisers certainly feel aggrieved with the spamming because the ad closed by spam.
3.3.2   Material
Besides causing loss spamming immaterial may also
materially adverse for example:
a.    Because spam can be described as "the biggest waste of bandwidth on the Internet and Usenet" a lot of money drained every day because of the bandwidth required to send out millions of spam emails, but eventually it will bounce spam or directly deleted. According to wikipedia sources, EU Internal Market Commission estimated in 2001 the cost of using electronic mail spam is 10 billion Euros per year worldwide, while in America, the California legislature found that spam costs U.S. organizations more than $ 13 billion in 2007, including lost productivity and equipment, software, and manpower needed to solve the problem.
b.    Although not visible, but also as a medium for spreading spam virus, if the user's computer has been infected by a virus which was brought by spam, it can cause damage to the computer system. So that if damage has occurred then it would cost to fix the computer, it can be said to be included in a material loss.
c.    The next loss is that it can lead to fraud that can harm the victim in terms of material, it is also called as a result of indirect victims of spamming. There are so many examples of this scam spam for example based on research conducted by Cisco Security Intelligence Operations shows the trend of increasing attacks targeted attacks are customized, contained malware that is intended for a specific user or group to steal valuable intellectual assets which in a short time, cyber criminals able to make profits of more than 50 percent of USD1, June 1 billion in 2010 to USD 500 million in June 2011, just as it spread from the crime victim's personal e-mails.

3.3.3   Case Example
1.    SMS Spam
In addition to the virtual world of spamming is often done by the media SMS (Short Message System) that could lead to a loss of material fraud, in Indonesia spamming itself can be said to have become "Trendsetter". There are so many instances of this scam and not a few others who are victims who suffered material losses. Examples of SMS spam is as follows:
Messages that aims to fraud on the pretext of a family or acquaintances of the victim such as:
·      “Ini mama, mama lagi dikantor Polisi nih, tolong isiin pulsa 10 ribu aja ke no 085712300xxx. Soalnya penting bgt. Mama tunggu ya.”
·      “Uangnya transfer ke Bank Mandiri a/n Ahmad Jacky S No rek: 9000004871xxx SMS aja kalo sudah transfer.”

2.    Spam in Virtual Worlds
Fraud against a private university rectors in Jakarta with a loss of 1.8 billion. The case began when, on 3 September 2007 the rector received an email that contains the assignment of a Nigerian man named Prince Shanka Moye carrying goods worth U.S. $ 25 Million to Indonesia. High-value goods that belonged to a German businessman who has been in a plane crash in France, but there is a requirement to get the valuables which the rector is required to deposit money worth Rp 1.8 billion for administrative costs. To further reassure the victim, Prince Shanka Moye using a ruse in which actors learn in detail about the work of the president, "He knew my work. He knew I used to work at the UN and humanitarian aid projects.'s Why I was interested in and believe," said rector of the university name and asked that it be kept confidential at the Jakarta Police, Jakarta, Wednesday (26/09/2007). Once inside the trap the perpetrators, the rector transfer some money into the account Moye. Rector was ordered to transfer money to BCA RP 56.7 million Branch Mandala on 6 September 2007.
Later on the same day, the president also met with Moye and asked for money Rp 350 million. The meeting continued, rector and Moye meet again on Sept. 7 at the Hotel Mulia Senayan Jakarta. Victims say "I sold 2 houses and destroyed the work of 40 years. Passionate I too got the item. I want to build a campus that requires huge funds,". Once the money is transferred over USD 1.8 billion, as promised valuables does not go in get, then chancellor was eventually reported the fraud mode to the Jakarta Police. Rector who helped police apprehend Moye maneuver in which the two agreed to meet in the parking lot of Hotel Atlet Century Park, Senayan, Jakarta on September 11. When the rector will be handed over Rp 100 million Moye offender then ambushed and captured the results Moye, Moye is now languishing in Prince Shanka Resmob City Police.
Because it saw the case history of spamming in Indonesia with a total percentage from year to year more and more alarming and see all kinds of loss or the impact caused it natural that this type of crime should be in kriminalisasikan.

3.4  Setting Spamming In Criminal Law in Indonesia
Spamming action can be said to have become a criminal act because it is detrimental to the general public, despite having the same name but apparently spamming can be grouped into several kinds of acts in general. This grouping is based on the impact of the end or in the form of losses suffered by the victim. In the Indonesian criminal law is difficult to determine which rules can be used in the act of spamming, especially following the principle of "lex lex derogat generalists" who has a special meaning rules override general rules, in accordance with the method of application of this principle to the case should kongret traced from the source of the most specialized criminal law to the most common. In the known laws of science are various methods of interpretation, ranging from grammatical interpretation to the interpretation of analogy, with regard to the principle of legality (nullum delictum) in Article 1 (1) KHUP which reads "An act can not be punished, but in virtue of the provisions of the criminal laws of the been there ".
The principle is the major joints of the criminal law, it is necessary that the interpretation avoided analogy (at most extensive interpretation can still be used). Spamming itself is one of the cyber crime and should have been contained in the regulation concerning cyber crime which is the Law of the Republic of Indonesia Number 11 Year 2008 on Information and Electronic Transactions.
Backward when seen from a description of its elements then this spamming action still looks hazy in the Act, then in this case will be searched or analyzed within the rules of the Indonesian criminal law that if it is able to cope with the spamming issue.

3.4.1   Provisions in the Criminal Code (KUHP)
Actually, the Criminal Code does not exist a rule that can be used for spamming this, but when viewed at a glance on a form acceptable losses then there are rules that can be used in the act of spamming these regulations are in Article 378 in Chapter XXV of the fraudulent act, which reads:
"Whoever with intent to benefit themselves or others unlawfully, by using a false name or false dignity, by cunning, or a series of lies, move others to deliver goods something to him, or that provide debt or eliminate debt, threatened because of fraud by a maximum imprisonment of four years. "
This article is used because if the impact caused by the act of spamming, where one of them spamming can lead to fraudulent acts did not even contain any spamming scams. Called fraud in spamming, where the actors managed to deceive the victim to believe the perpetrator ruse. The expected result of this ruse is the victim duped by fraudulent advertising campaign containing disseminated so that the victim feels attracted to the ad campaign will ultimately gullible victims. In the draft Penal Code section 2007, there is actually a possibility that can be used in spamming in article 26, paragraph 1, which reads:
"Any person who willfully and unlawfully use electronic mail to announce, offer or sell goods or services that are unlawful or prohibited by the Act, shall be punished imprisonment of at least 1 (one) year and a maximum of 3 (three) years."
In Article 26 (1) of the Criminal Code Bill 2007 was deemed most closely in relation to the act of spamming, if the article is intended to set out an ad campaign that led to the spread offense so that the formulation of the elements of spamming itself felt more and closer fitting.

3.4.2   Provisions in the Law of the Republic of Indonesia Number 11. 2008 on Information and Electronic Transactions
In the Law of the Republic of Indonesia Number 11 Year 2008 on Information and Electronic Transactions chapter that comes closest to this spamming action is Article 28 paragraph (1) which reads as follows:
(1) Any person intentionally and without right of spreading false news and misleading consumers resulting in losses in Electronic Transactions.
In the act of spamming is very contradictory when used in this Article 28, paragraph 1, if elaborated on the elements that will be found following the first element of an error in the offender was aware of his actions or have the intention to spread the spamming where illegal manner or with without rights, without this right means the actor does not have the right to send spam that can be said is not entitled to his actors because actors is real is not the person entitled or authorized to spread the news.
Regarding the types of actions in article 28 paragraph 1 type of actions are spreading false news and untrue with the added element of the formulation is misleading in the article, so the actors are trying to move the victim to do something. In this article it can be said that the object is distributed only in the scope of a news sheer lies and misleading.
In the act of spamming is also spreading his actions, but if the study in greater depth in the form of the spread is much wider than the spread in the form of Article 28 paragraph (1). So this is the spread in mass spamming. The most contradictory in this comparison is the object, in article 28, paragraph (1) the object is false and misleading news while in paragraph (2) of Article 28 states that the object is in the form of information, while in the act of spamming the object is an advertising message or information when compared to the other so that the object is found is different from article 28 paragraph (1). Article 28 paragraph (1) has a constitutive effect resulted in a loss of consumer electronic transactions, so that it can be said that in conjunction with the other elements that the perpetrator intentionally or want to spread false and misleading news that will arise due to realized losses on the victim, while the perpetrator deliberately spamming or want to spread the word advertisement or promotion as well as the other information in order to facilitate the promotion of a particular ad. Connection with any form of loss, these acts can cause harm to the victim as well as there is an element of fraud, has been described above regarding the loss in spamming action where the intended loss, not only losses that can be valued in money, but also all forms of loss. For example, feelings of anxiety, shame, distress, loss of expectation of pleasure or profit, and so on.

3.4.3   Provisions in the Law of the Republic of Indonesia No. 8 of 1999 on Consumer Protection
Actually, in the case of spamming regulations should be used are the Law of the Republic of Indonesia Number 11 Year 2008 on Information and Electronic Transactions because spamming is one of cybercrimes, but when examined the regulation of spamming can be said is unclear or there is ambiguity. In relation to this it is important to look at the Law of the Republic of Indonesia No. 8 of 1999 on Consumer Protection as it pertains to the losses suffered by consumers are exposed to a form of fraud in its advertising spamming. Forms mentioned prohibition of Article 8 to Article 17 of the Law of the Republic of Indonesia No. 8 of 1999 on Consumer Protection is expected to protect the rights of a person as a consumer if there is a violation in which it can be used any of the ten chapters.


BAB  IV
CLOSURE

4.1    Conclusion
Discussion about spamming produce some conclusions, namely:
1.    The urgency of spamming can harm the immaterill eg consuming or wasting your time and energy, etc., while the material damage such as a medium for spreading the virus would be materially detrimental if the virus has been damaging computer systems, spamming scams that can lead to harm victims of In terms of material. This is evidenced by the percentage rate of the spread of spam in Indonesia, in 2010 Indonesia was ranked 16 in 2011 Indonesia rose to third place with the largest percentage of 10.6%, then in early 2012 with the growing "trend" spamming Indonesia to 5 as the country's largest producer of spam with the percentage of 5.0%.
2.     Statutory provisions that can be used in order to ensnare the perpetrators spamming for example in Article 378 of the Criminal Code concerning fraud, the Law No. 11 Year 2008 on Information and Electronic Transactions, namely article 28, then at Law No. 8 of 1999 on Consumer Protection about spamming in advertising campaigns partly governed by Article 8 to article 17.

4.2         Suggestions
Some suggestions are given for all readers in connection with spamming are:
1.             By looking at the form of an increasingly alarming loss spamming it can be said that the act of spamming pengkriminalisasian be "urgent" or important because the longer the more developed also new forms of crime. So with the criminalization of acts is the easier it is to manage and prevent spamming.
2.             In applying the provisions penentukan that will be used for spamming always refer to the provisions of Law No. 11 Year 2008 on Information and Electronic Transactions. This is caused by the principle of lex specialis derogat lex generalis, where the Law of the Republic of Indonesia Number 11 Year 2008 on Information and Electronic Transactions are special rules governing the telecommunications crime or cyber crime.
3.             For the case of spam sms, how the first response is to immediately report the spammer to the number of mobile operators that are used by spammers.
In the following way:
TELKOMSEL
SMS format: # fraud # number cheater content hoax SMS
Posts: 1166
INDOSAT
SMS Format: SMS (space) SMS Sender ID (space) the content of SMS Fraud
Posts: 726
XL
SMS Format: Report # Number used for cases in Deceptive # Complains
Posts: 588
When there is 2 or more people who report the fraudsters number will be permanently blocked by the Operator. And back again to the basic foundation of knowledge upon our answer to what we know as we explain once again that we did not mention casualties.
4.             Do not be easily tempted by ads or offers goods in cyberspace transactions, moreover we do not know the main opponent in the transaction. Asked in big forum like yahoo answer Kaskus kaskus and / Yahoo answer is a gathering place for all people, including the online business that has experienced.

Such advice can I give you to overcome problems that arise in the case of spamming. The author realized the advice I give is not too contribute to the rampant spamming, without the cooperation of all parties, but the author hopes that the authors provide suggestions to further improve the understanding of the case so as to reduce spamming spamming actions that occur in our daily lives .









BIBLIOGRAPHY

Chazawi, Adami dan Ardi Ferdian. 2011. Tindak Pidana Informasi & Transaksi Elektronik: Penyerangan Terhadap Kepentingan Hukum Pemanfaatan Teknologi Informasi danTransaksi  Elektronik. Malang:
 Bayumedia Publishing
Wisnubroto. 2010. Strategi Penanggulangan Kejahatan Telematika. Semarang:
Atma Jaya Yogyakarta











- Copyright © Cyber law & Cyber crime - Date A Live - Powered by Blogger - Designed by Johanes Djogan -