LAW ON INFORMATION AND TRANSACTIONS ELECTRONIC (Chapter X)

CHAPTER X
INVESTIGATION

Article 42

Investigation of criminal acts as referred to in this Act, made pursuant to the provisions in the Criminal Procedure Code and the provisions of this Act.

 

Article 43

(1) In addition to investigating officers at the Police of the Republic of Indonesia, certain Civil Servants within the Government that the scope of duties and responsibilities in the field of Information Technology and Electronic Transactions rated special authority as investigators as referred to in the Law on Criminal Proceedings, to conduct an investigation of criminal offenses in Information Technology and Electronic Transactions.

(2) Investigations in the field of Information Technology and Electronic Transactions referred to in paragraph (1) conducted with due regard to protection of privacy, confidentiality, the smoothness of the public service, data integrity, or the integrity of data in accordance with the provisions of legislation.(3) A search and / or seizure of electronic systems related to the alleged criminal act must be done with permission from the district court chairman local.(4) In conducting the search and / or seizure referred to in paragraph (3), the investigator must keep the interests of maintaining public services.(5) Civil Servant Investigators as referred to in subsection (1) authorized:a. receive reports or complaints from individuals concerning a criminal act under the provisions of This Act:b. summon any person or any other party to be heard and / or examined as a suspect or witness in connection with the alleged  offenses in the area related to the provisions of this Act;c. verify a report or information relating to criminal offenses under the provisions of this Act.d. investigate a person and / or business entities that should be suspected of committing a crime under this Act.e. conduct an examination of the tool and / or facilities related to information technology allegedly used to commit criminal acts under this Act.f. do a search on a particular place allegedly used as a place to commit criminal acts under the provisions ofThis Act.g. do the sealing and seizure of equipment or facilities and Information Technology activities that allegedly used deviate from the provisions Legislation The parties who perform the Electronic Transactions must using the Electronic System agreed.

Article 44

Evidence in the investigation, prosecution and examination in the trial according to the provisions of this Act are as follows:a. evidence referred to in the provisions Legislation.b. other pieces of evidence in the form of electronic information and / or Electronic Documents referred to in Article 1 number 1 and number 4 and Article 5 paragraph (1), subsection (2), and paragraph (3).

Ratified in Jakarta, 21 April 2008
PRESIDENT OF THE REPUBLIC OF INDONESIA
signed
DR. H. SUSILO BAMBANG YUDHOYONO