Cyber Espionage in National and Global Perspective: How Indonesia Deal with this issue?

: Indonesia is a legal state, in the execution of a judge is an object that is very important for a trial. In Indonesia alone the practice of fraud and manipulation is still common and often encountered in a trial, the duty of a judge who should be neutral and decide a case with as fair as possible can often be manipulated by the bribery process of a suspect. the power of a judge alone is set in the law of the judicial power law number 48 of 2009. There it has been explained everything about the duties and authority of a judge and how to be a just judge and then can put a suspect into a subject rather than an object. Often in finding a judge complicates a case that is actually trivial and gives a burdensome decision for the little people and even facilitate a big case with a suspect of important people, a concept that is not denied a thing that we often see in law.


I. INTRODUCTION
The development of cybercrime, the beginning of the attack in the Cyber world in 1988, better known as Cyber Attack. At that time there was a student who managed to create a worm or virus that attacks computer programs and kills about 10% of all computers in the world that are connected to the internet. In 1994 a 16 year old music school boy named Richard Pryce, better known as "the hacker" aka "Datastream Cowboy", was arrested for illegally logging into hundreds of secret computer systems including the data centers of the Griffits Air Force, NASA and the Korean Atomic Research Institute or the Korean atomic research agency. During his interrogation with the FBI, he admitted that he learned hacking and cracking from someone he knew through the internet and turned him into a mentor, who has the nickname "Kuji". Cybercrime is grouped into several forms according to the existing modus operandi, one of which is "Cyber Espionage" which will be discussed further. The technique used by hackers is to insert malware or viruses into the application. Malware itself has many types and continues to grow depending on its needs. The great thing is that malware can change the operating system and even take over the user's computer so that it looks damaged. In addition to the impact of damage to hardware and software, it turns out that there is an impact that causes psychological damage. Belief in something can be drastically reduced. Fear of using technology that can be fatal. Excessive preventive measures backfire very scary. Ethics in the use of technology has no effect. 2 As a theory says "crime is a product of society itself" which can be interpreted that it is society itself that gives birth to a crime. The higher the intellectual level of society (the smarter the human brain), the more sophisticated the crimes that may occur in that society. The borderless network is used as a tool to commit acts that are against the law. Generally, crimes related to technology or cybercrime are crimes involving property and/or intellectual property. The term cybercrime currently refers to an act of crime related to cyberspace and crimes that use computers.
It is further emphasized that the use of the term cyber crime or crime on the internet is more relevant than the term computer crime. Cyber  perpetration, investigation, or prosecution". 3 Contrary to the many problems that occur today. Some countries claim to have been the object of espionage by other countries. This is known not to be done in a conventional way, but through cyberspace by utilizing advances in information technology and media. Although espionage is part of intelligence activities, espionage has a difference from other forms of intelligence gathering in that it can collect information by accessing the place where the information is stored or people who know about the information and will leak it through various pretexts. In general, espionage is considered part of an institutional effort (e.g., government or intelligence services). The term espionage was originally thought of as a condition of spying on a potential or actual enemy, mainly for military purposes, but has now evolved to spying on companies, known specifically as industrial espionage. According to the AIVD (Dutch Intelligence and Security Agency), espionage is the activity of secretly gathering information about the development of other countries. The information collected is related to politics, economy, technology, science and technology, and trade secrets. Cambridge Dictionary, the meaning of espionage is the activity of gathering and reporting classified information, particularly related to the military, politics, business and industry. Espionage is generally carried out using secret agents or spies within an organization or country. governing this espionage activity is the Hague Convention IV 1907 articles 29 to 31. In simple terms it can be directly included in the type of cyber-espionage, but if it is understood in depth it can enter into other forms and/or types of cybercrime. 5 Not only because it is different from conventional crimes, but the perpetrator also represents a country based on orders and is a proper job. 6 The following are the characteristics or special characteristics of cybercrime that correspond to espionage: for HR training is so minimal that it is difficult for law enforcement institutions to send them to attend training both at home and abroad.
The absence of a Computer Forensic Laboratory in Indonesia causes a large amount of time and cost. In the case of Dani Firmansyah who hacked the KPU website, the Police had to bring the hard drive to Australia to investigate the type of damage caused by the hacking.
The image of the judiciary has not improved, even though various efforts have been made. This bad image causes people or victims to be reluctant to report their cases to the police. 7 Legal awareness to report cases to the police is low. This is triggered by the image of the judiciary itself, which is not good, another factor is the victim does not want the weakness in his computer system to be known by the public, which means it will affect the performance of the company and its web master. In the Indonesian context, the urgency of this

III. CYBER ESPIONAGE: LIMITATIONS & LEGAL ASPECTS
Cyber Espionage is the act or practice of obtaining confidential information without the permission of the holder of information by capturing the ID and Password used by the user on the internet network which will later be used by the thief. As a result of this theft, the user is charged with the cost of using the account.
2. Hijack websites, that is the activity that is often carried out by crackers is changing web pages, which is known as defacement. which are usually done with bad intentions.
3. Probing and port scanning is one of the steps that crackers take before entering the targeted server is to do reconnaissance. The way to do this is to do "port scanning" or "probing" to see what services are available on the target server.
The development of the Internet and generally the cyber world does not always produce positive things. One of the negative things which is a side effect, among others, is crime in the cyber world or, cybercrime. The disappearance of the boundaries of space and time on the Internet changed many things. A cracker in Russia was able to break into a server at the Pentagon without permission.

CONTEXT
Theft and use of other people's Internet accounts. One of the difficulties of an ISP (internet service provider) is that their customer accounts are "stolen" and used illegally. Unlike the theft that is done physically, "theft" account simply captures the "userid" and "password" only. Only stolen information. Meanwhile, the stolen person does not feel the loss of the stolen "thing". Theft only takes effect if this information is used by unauthorized persons. As a result of this theft, the user is charged with the use of the account. This case often occurs in ISPs. However, what has been raised is the use of stolen accounts by two internet cafes in Bandung. Website hijacking.
One of the activities that are often carried out by crackers is changing web pages, which is known as defacement. Piracy can be done by exploiting a security hole, and statistics in Indonesia showed one website was hijacked every day.
Probing and port scanning is one of the steps that crackers take before entering the targeted server is to do reconnaissance. The way to do this is to do "port scanning" or "probing" to see what services are available on the target server. For example, scanning results can show that the target server is running the Apache web server program, the Sendmail mail server, and so on. The analogy of this with the real world is to see if your door is locked, the brand of lock used, which window is open, whether the fence is locked (using a firewall or not) and so on. The person concerned has not carried out any theft or attack activities, but the activities carried out are already suspicious.
to do probing or portscanning can be obtained for free on the Internet.
One of the most popular programs is "nmap" (for systems based on UNIX, Linux) and "Superscan" (for systems based on microsoft windows). In addition to identifying the port, nmap can even identify the type of operating system used. Viruses. As in other places, computer viruses also spread in Indonesia. Deployment is generally done using e-mail. Often people whose email systems are infected with viruses are not aware of this. The virus is then sent elsewhere via email. Denial of Service (DoS) and Distributed DoS (DDos) attacks. DoS attack is an attack that aims to paralyze the target (hang, crash) so that he cannot provide services. This attack does not steal, eavesdrop, or falsify data. However, with the loss of service, the target cannot provide services so there is a financial loss. What is the status of this DoS attack? Imagine if someone could make a Bank ATM malfunction. As a result, bank customers cannot make transactions and the bank (and customers) can suffer financial losses. DoS attacks can be targeted at servers (computers) and can also be targeted at networks (consuming bandwidth). Tools for doing this are widely available on the Internet.
DDoS attacks enhance these attacks by performing them from several (tens, hundreds, and even thousands) of computers simultaneously.
The resulting effect is more powerful than a DoS attack alone.
Domain name related crimes. Domain names are used to identify companies and trademarks. But many people try to make a profit by registering the domain name of someone else's company and then trying to sell it at a higher price. This job is similar to ticket brokers.
The term is often used is cybersquatting. Another problem is using a rival company's domain name to the detriment of another company.
(Case: mustika-ratu.com) Another crime related to domain names is creating a "play domain", which is a domain that is similar to someone else's domain name. (Such as the case ofklikbca.com) The term used today is typosquatting. IDCERT (Indonesian Computer Emergency Response Team). One way to make it easier to handle security issues is to create a unit to report security cases. This security problem abroad began to be recognized with the emergence of the "sendmail worm" which stopped the internet email system at that time. Then a Computer Emergency Response Team (CERT) was formed. Since then, in other countries, CERTs have also been formed to become points of contact for people to report security problems.
IDCERT is an Indonesian CERT.    Regarding the meaning of "interception or wiretapping" it is stated in the explanation of Article 31 paragraph 1, namely: "Activities to listen, record, deflect, change, inhibit, and/or record the transmission of Electronic Information and/or Electronic Documents that are not public, either using a cable network communications or wireless networks, such as electromagnetic or radio frequency beams."

V. INDONESIAN LEGAL BASIS FOR CYBER ESPIOPNAGE
Regarding the exceptions to Illegal Interception actions, it is also stated in Article 31 paragraph 3, namely except for interception as referred to in paragraph (1) and paragraph (2) (1) shall be sentenced to a maximum imprisonment of 6 (six) years and a maximum fine of Rp. 600,000,000 (six hundred million rupiah). Everyone who fulfills the elements as referred to in Article 30 paragraph is sentenced to a maximum imprisonment of 7 (seven) years and/or a maximum fine of Rp. 700,000,000.00 (seven hundred million rupiah). 8 (eight) years and/or a maximum fine of Rp. 800,000,000,-(eight hundred million rupiah).

Article 47 Anyone who fulfills the elements as referred to in
Article 31 paragraph (1) or paragraph (2) shall be sentenced to a maximum imprisonment of 10 (ten) years and/or a maximum fine of Rp.800,000,000.00 (eight hundred million rupiahs).

Article 51 Anyone who fulfills the elements as referred to in
Article 35 shall be sentenced to a maximum imprisonment of 12 (twelve) years and a maximum fine of Rp. 12,000,000,000.-(twelve billion rupiahs).

VI. CONCLUSION
Cyber Crime is the most frightening crime in today's technological