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Indonesia: Cyber Crime Bill

(Jan. 13, 2010) It was reported on December 25, 2010, that a new bill on cyber crimes, the “Tipiti bill,” has high priority on the Indonesian House of Representative's 2010 National Legislation Program. In the view of the country's Alliance of Independence Journalists (AJI), the bill is “even 'more repressive and stretchable' than the controversial 2008 Information and Electronic Transaction (ITE) Law” and fails to sufficiently emphasize the investigation of digital evidence. (Ismira Lutfia, Indonesian Cyber Crime Bill to Spark Debate, THE JAKARTA GLOBE, Dec. 25, 2009, available at

Although Ministry of Communication and Information Technology (MCIT) spokesman Gatot Dewa Broto contends that the ITE Law chiefly addresses electronic transactions, and that “[t]he Tipiti bill would be more comprehensive than the ITE Law because it regulates information technology-related crimes that are not included in the ITE Law.” (Id.) Without a comprehensive cyber crime law, Gatot stated, it was difficult for crimes committed using information technology to be investigated and prosecuted. The AJI argues, however, that the bill would overlap with the ITE Law in regulation of the Internet. The ITE Law met with strong public criticism for its alleged restriction of freedom of speech; according to Minister of Justice and Human Rights Patrialis Akbar the Law will be revised “because it has been exploited mainly for defamation charges.” (Id.)

There has been a call for a media convergence law to be adopted. A proposal to merge the ITE Law, the 2002 Broadcasting Law, and the 1999 Telecommunications Law is currently under debate in the MCIT, Gatot stated. (Id.)