LEGAL ANALYSIS OF THE INVESTIGATION PROCESS FOR DIGITAL CRIMES (CYBERCRIME) IN THE ITE LAW ARTICLE 43 NO. 1 OF 2024

Abstract

Objective: This study juridically analyzes the investigation process of digital crimes (cybercrime) in Indonesia, particularly within the context of Article 43 of Law Number 1 of 2024 concerning Information and Electronic Transactions (ITE Law). Method: The research employs a normative legal research method with a statutory approach. The main focus is to identify how digital crime investigation is regulated in Article 43 of the ITE Law and to analyze the juridical challenges encountered within the Indonesian legal system. Results: The findings indicate that Article 43 of the ITE Law has normatively expanded investigative authority, both in terms of subjects (Indonesian National Police Investigators and Civil Servant Investigators) and objects (electronic systems and evidence). However, some technical provisions still require further verification to assess the adequacy of their detailed regulation. The challenges in digital crime investigation stem from four interconnected aspects: regulation, technical capabilities, facilities and infrastructure, and cross-jurisdictional constraints. Analysis using Lawrence M. Friedman's Legal System Theory reveals that obstacles in regulatory and jurisdictional aspects predominantly originate from the dimension of legal substance, while obstacles in technical capabilities, facilities, and infrastructure predominantly arise from the dimension of legal structure. Legal culture also influences the quality of implementation across all aspects. The study concludes that the effectiveness of digital crime investigation in Indonesia does not solely depend on the sufficiency of Article 43's substance but also on the simultaneous strengthening of institutional structure and the legal culture of law enforcers. Novelty: Recommendations include regulatory harmonization, strengthening digital forensic capacity, establishing oversight mechanisms, and reinforcing the legal basis for cross-jurisdictional cooperation.