Determination of confiscation of evidence of data in cyber crime

Abstract

The social order in the digital era is increasingly diverse through interaction and communication using high-tech devices. However, this often causes violations and disturbances to public order and harms others (cyber crime). Based on the background above, there is problem formulation in this research, namely what is the legal basis for determining data confiscation in cyber crime and what the mechanism for data confiscation in cybercrime is. The type of research used is normative, namely seeing and analyzing from the point of view of legislation and applicable norms, especially those related to the problems in this research. The result of discussion is that the legal basis for data confiscation in cyber crime is referring to Law no. 11 of 2008 concerning Information and Electronic Transactions (ITE). This law contains regulations regarding the management of information and electronic transactions at the national level, with the aim that information technology development can be carried out optimally, evenly, and spread to all levels of society in order to educate the nation's life, while the mechanism for confiscation of data in cyber crime begins with electronic data in the form of writing, images and sound or all three are intangible and cannot be seen/heard.