The Theory of Determining Locus Delicti Cyber Crime and Its Arrangements in Criminal Law

Abstract

The rapid dependence on technology, especially the internet, has led to an increase in cyber crime, which is characterized by its borderless nature. Perpetrators and victims of cyber crime can be located in different places, even different countries, due to the use of sophisticated tools such as cellphones, computers, and laptops. This study aims to determine the locus delicti of cyber crime in Indonesian criminal law and the regulation of court authority over cyber crime using a normative approach, analyzing legal material based on concepts, theories, laws, and expert opinions. The research findings reveal that the locus delicti of cyber crime can be determined using theories such as the theory of material acts, the theory of tools used, or the theory of tools in criminal law. The regulation for determining the court with authority to try cyber crimes is governed by Law no. 8 of 1981 Criminal Procedure Code Article 84 to Article 86. In conclusion, law enforcement officials can use one of the theories of material action, the theory of tools used, or the theory of tools in determining the locus delicti of cyber crime, and the authority for adjudicating cyber crime should refer to Article 84, Article 85, and Article 86 in the Criminal Procedure Code.