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Did you know that based on Microsoft’s 2020 Digital Civility Index (DCI) survey, Indonesia has just been named the country with the most disrespectful netizens in Southeast Asia?
This survey shows that it turns out that the level of hoaxes and fraud, hate speech, and discrimination by Indonesian netizens in cyberspace has a high rate.
In fact, since the digital world is growing, Indonesian netizens are often involved in many cases of violations in the Internet world, from spreading hoaxes, writing hate speech, committing sexual harassment, to fraud through social media which certainly causes harm to other social media users.
The rise of these violations was then used as one of the bases for the passing of the Electronic Information and Transaction Law (ITE Law) by the Government.
Now to support the implementation of the ITE Law, the Indonesian National Police on February 24 has just officially run a virtual police program or virtual police that will conduct patrols online.
To find out what virtual police is and how it works, Contract Law will answer it below.

What is Virtual Police?

Virtual Police is a unit under the Criminal Investigation Agency (Bareskrim) of the Indonesian Police that will carry out its duties by cyber patrolling social media.
The cyber patrol in question is to monitor the content created and uploaded by Indonesian citizens on their social media.
Not only monitoring the content of netizens, virtual police also have the duty and authority to educate the Indonesian people, especially netizens, about the limits of ethics on the internet to give warnings to netizens who are considered to have crossed the line in using social media.
This is done with the aim of preventing the public from potential cyber crimes.
Operations carried out by virtual police are specifically regulated in Circular Letter of the Chief of the Indonesian National Police No. SE/2/11/2021 on Cultural Awareness.
SE/2/11/2021 on Ethical Cultural Awareness to Realize a Clean, Healthy, and Productive Indonesian Digital Space.
In the circular, virtual police have an obligation to prioritize preemptive and preventive efforts when carrying out their duties.
Investigators must also apply the principle that criminal law is the last resort in law enforcement(ultimum remedium) and prioritize restorative justice in resolving this case, except for cases that are and have the potential to be divisive, SARA, radicalism, and separatism.
Like other units in the police force, the virtual police also has investigators in it and because patrols are carried out in cyberspace, investigators in the virtual police will involve experts when conducting studies on netizen content.
The experts in question include linguists, criminal experts, and ITE experts.
The involvement of experts is expected to make the assessment of content objective and investigators can firmly distinguish between criticism, input, hoaxes, and criminal defamation so that investigators know what steps to take next.
In addition to conducting cyber patrols, virtual police are also open and accept reports from the public directly.
When the virtual police conduct patrols in cyberspace and find or get complaints from the public on content that has the potential for criminal offenses and has legal consequences, the virtual police will take steps, including:

  1. Conduct discussions and consultations with experts to assess whether the content created and uploaded by the netizen has potential criminal elements or not.
  2. If it is deemed to have criminal potential, the officer will submit it to the Director of Cyber Crime at the Criminal Investigation Unit of the National Police or a designated official for authorization.
  3. Officers will then provide a warning/virtualpolice alert via DM/directmessage to the social media account owner to delete his/her upload within 1×24 hours.
  4. If the account owner does not remove the content, the officer will give a second warning.
  5. If the content is still not removed after the second warning, officers will take action.

When the cyber offense then causes direct harm to the victim, in SE No. IX.
No.
SE/2/11/2021, investigators are required to communicate with the parties, especially the victim (cannot be represented) and facilitate and provide the widest possible space for the disputing parties to carry out mediation.
If the victim still wants the case to be submitted to court but the suspect has realized and apologized, the police will not detain the suspect and before the file is submitted to the public prosecutor, the officer will provide space for mediation again.
Furthermore, investigators are also expected to coordinate with the public prosecutor and provide advice in terms of implementing mediation at the prosecution level.
The existence of virtual police to monitor cyberspace certainly raises pros and cons.
Some people feel that currently the content in social media often crosses the boundaries so that supervision needs to be carried out and with the virtual police citizens are expected to be more careful in using social media.
However, some people also feel that the tasks performed by virtual police are too intrusive into the private sphere of citizens.
People are worried that virtual police will only limit citizens’ freedom of expression and opinion.
If you look at the way virtual police work in other countries, in certain cases virtual police do have the potential to become a restraint on people’s freedoms considering that virtual police actually regulate what can be voiced and what cannot.
To answer this concern, Director of Cyber Crime at the National Police Criminal Investigation Unit Brigadier General (Pol) Slamet Uliandi said that the virtual police are not in charge of arresting those who criticize the government.
In addition, the virtual police will not take illegal actions such as hacking social media belonging to citizens when performing their duties.
So that citizens still have the right to free expression, opinion, and criticism of the government.  

KH Contact

Well Friend KH, that’s an explanation of the virtual police in Indonesia and how it works.
For KH pals who are currently active users of social media, let’s be wiser in using social media because there are virtual police who will patrol the content that KH pals upload.
If you have questions about the virtual police or want to consult on other legal matters, don’t hesitate to contact the Legal Contract at the Ask KH link!  

Mariska

Resident legal marketer and blog writer, passionate about helping SME to grow and contribute to the greater economy.

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