Hacker and the Treat for National Security: Challenges in Law Enforcement

: Globalization has become the driving force behind the birth of the era of information technology development. The development of this technology is very fast and has spread to all corners of the world. The development of information technology is not only felt by developed countries but developing countries also feel the development of information technology, so that information technology gets an important position for the progress of society in this modern era. The need for computer network technology is increasing. Apart from being a medium for providing information, through the internet, commercial community activities are also the largest and growing rapidly and penetrate various national borders. Even through this network market activities in the world can be known for 24 hours. Through the world of the internet or also called cyber space, anything can be done. The positive side of this virtual world of course adds to the trend of world technology development with all forms of human creativity. However, the negative impact cannot be avoided. When pornography is rife on the internet, people can't do much. Along with the development of internet technology, causing the emergence of a crime called cyber crime or crime through the internet network or cyberspace. The emergence of several cases of cyber crime in Indonesia, such as credit card theft, hacking of several sites, tapping other people's data transmissions, such as e-mail and manipulating data by preparing unwanted commands into computer someone else's computer without permission, while material offense is an act that causes harm to other people. The existence of cyber crime has become a threat to stability, so it is difficult for the government to balance the techniques of crime committed with computer technology, especially in the internet network.


I. INTRODUCTION
This rapid development in communication and information technology has resulted in a world that has no boundaries and has led to social change. The development of information technology is seen as a double-edged sword. The purpose of a double-edged sword is that information technology in addition to bringing important benefits for improving welfare and progress of civilization for human life but also brings many negative impacts and harms humans against the law.  [100][101][102][103][104][105][106][107][108][109][110][111][112][113]. Furthermore, it is also emphasized that in the context of hacking as crybercrime, hacking is a term used to describe unauthorized access to systems, networks, and data (hereafter target). Hacking may be perpetrated solely to gain access to a target or to gain and/or maintain such access beyond authorization. Examples of national and regional laws criminalizing intentional unauthorized access to a website or information by bypassing security measures are the United Arab To create a legal product that becomes a forum for regulating a rapidly changing legal field such as information technology is not an easy thing. Often laws (regulations) seem to quickly become obsolete when regulating fields that are undergoing rapid changes, so the situation is like a legal vacuum (vaccum rechts) against cybercrime between or cybercrime.
Actually, in cybercrime there is no legal vacuum, this happens when legal knowledge is used in the interpretation that should be held by law enforcement officers in dealing with acts of new dimensions that have not been specifically regulated in law. This issue becomes a different matter if the issue of cybercrime is regulated in a law outside the Criminal Code. To overcome this, it is clear that careful legislative action is needed keeping in mind one thing, namely, not to let the legislation become stumped on technological developments so as to make over-legislate regulations, which in turn will have a negative impact both in other legal fields and in the socio-economic field.
In overcoming this, finally in March 2018 a law was passed that covers the community in the cyber field, namely the ITE Law No. 11 of 2018. The law regulates several criminalizations of criminal acts that were previously not criminal acts through several breakthroughs and expansions in its principles and criminal sanctions. In addition to substantive criminal rules, this law also regulates procedures and evidence that has been expanded, namely the inclusion of new evidence related to electronic media.

II. METHODS
This research is normative juridical research. Sampling was carried out not on people but library materials, especially those related to information regulations and electronic transactions. The data used were secondary data. Secondary data were sourced from library materials, and legal materials. Method of Data Collection by means of identification. The method of identification is by collecting library data in the form of archives, official documents, other library data that are closely related to the research problem. The library data (secondary data) were analyzed using a combination of deductive and inductive thinking patterns. The final result of data processing is qualitative, then analyzed using normative qualitative methods, interpretation methods in legal science, and interpreting data based on theories as mentioned in the literature review.

III. CYBER CRIME IN INDONESIA & GLOBAL CONTEXT
In its early days, cybercrime was defined as a computer crime.
Regarding the definition of computer crime itself, until now scholars have not agreed on the meaning or definition of computer crime.
Even the use of terms in English is still not uniform. Some scholars use the term "computer fraud", "computer-related crime" or "computer crime". However, scholars at that time generally accepted the use of the term "computer crime" because it was considered wider and could be used in international relations. 5 Based on some literature and practice, cybercrime has several characteristics, namely: 1. The act that is carried out illegally, without rights or unethically occurs in cyberspace/cyberspace, so it is not certain which jurisdiction applies to it. 2. The act is carried out using any equipment connected to the internet. 7 3. These actions result in material and immaterial losses (time, value, services, money, goods, self-esteem, dignity, confidentiality of information) which tend to be greater than conventional crimes. 8 4. The perpetrator is a person who controls the use of the internet and its applications. The Indonesian state essentially has the skills in this cybersecurity world. Even though Indonesia is in fact still a developing country that is backward in terms of technology, the reality is that what happened was brilliant produced by Indonesian hackers, crackers, and carders.
In the United States and Europe, it seems that they are also experiencing "outsourcing" and globalization. In 1986 -2003, computer virus epicenters were detected mostly from Europe and America and several other countries such as Japan, Australia, and India. However, the research results say that in the next few years Mexico, India and Africa will become the largest virus epicenters in the world, and Indonesia is also included in the top 10. So that it will not be long before Indonesia will be famous but with a name that is not good because the government is less strict in controlling the cyber world.
Hacker and Cracker in terms usually refer to someone who has a great interest in studying computer systems in detail and how to improve their abilities. As for those who often commit acts of destruction on the internet, it is usually called a cracker. It can be said that this cracker is actually a hacker who uses his abilities for negative things.

CRACKING IN INDONESIA
Crime basically grows and develops in society, there is no crime without society. The more advanced and modern people's lives are, the more advanced and modern the types and modus operandi of crimes that occur in society. This seems to justify an adage, that "where there is society there is crime", ubi societas-ibi jus; ubi jus-ibi crimen.

Motivation
Motivation is the presence of stimuli in the form of per-group influence factors, whether there is motivation from within the community or group, such as invitations, incitements or praise among colleagues. While external is motivation in the form of competitive spirit between groups, the desire to become famous, and motivational hacktivism. This hacktivism is a reaction that is motivated by the spirit of hackers to protest against a political/ social condition of their country. 15

Mechanism
The mechanism in question is the existence of a server or website whose defense mechanism is weak because it is not updated or patched regularly and thoroughly. This is tantamount to paving the way for hackers to ignore their actions to deface them.

Moment
This is also supported by the availability of a secondary mechanism that functions to detect the weakness of a system on the internet, namely in the form of sharing exploit software available on the internet and can be easily used by hackers at the beginner level at once.

Misconceptions of Society and Mass Media
Misconceptions about the existence of hackers with their activities in the community and are often emphasized by the mass media, are often used by hackers to become famous and known. For example, positioning them like a hero and carelessly taking their claim that their defacement activities are based on hacktivism and nationalism is a misconception that generally occurs among us.
In cybercrimes such as hacking and cracking, it is formulated with elements of other criminal acts in accordance with the criminalized acts. information. The law that regulates Information and Electronic Transactions becomes strategic for developing information technology laws that provide rules regarding the use of information technology and possible violations. prohibited for everyone to be prohibited from tapping into the information network in any form. 17 If viewed from the elements in the law by coonsidering the object of a criminal act is access to a telecommunications network or service that is carried out without rights, is illegal, manipulates, or is wiretapped, on a computer system.
In the case of hacking, these elements have been included.

V. CONCLUSION
This study concludes that the regulation of cybercrimes in Indonesian Hackers are seen as shadowy figures with superhuman powers that threaten civilization.