Cross-border Access to Electronic Evidence Improving Indonesian Law and Practice in Investigating Cybercrime

The success of many cybercrime investigations depends on the accessibility of electronic evidence (e-evidence) stored abroad. Whereas cybercrime knows no frontiers and cyberspace remains an un-territorialised realm, a State has territorial boundaries. Indonesia and many other States have attempted to resolve problems of cross-border access in obtaining e-evidence from cyberspace. This book investigates aspects of international law, criminal procedure law, and data protection law as foundations in improving Indonesian law and practice to resolve the problems. It presents pragmatic approaches on how a State may exercise sovereignty in cyberspace to obtain e-evidence located abroad and remain respectful of other States’ sovereignty. The book analyses the implementation of the Budapest Convention in facilitating its parties to obtain e-evidence expeditiously through direct cooperation with service providers. It explores options in establishing a direct cooperation mechanism between US corporations and Indonesian authorities. This book is relevant for academics, policymakers, and practitioners from Indonesia and other States who are looking for practical insights or legal solutions in resolving issues of cross-border access to e-evidence.

Josua Sitompul has worked at the Ministry of Communication and Information Technology of Indonesia since 2008. He specialises in cybercrime law and personal data protection law of Indonesia. Josua has served as a cybercrime investigator forthe ministry and has given expert statements concerning cybercrime at various police stations and district courts in Indonesia. He also has been involved in the drafting of Indonesian legislation regarding cybercrime, lawful interception, data localisation, and personal data protection.

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