Analysis of Determining Locus Delicti in the Cybercrime Investigation Process

Abstract

The purpose of this study is to determine and analyze the locus delicti determination scheme in cybercrime investigations. In this paper, the author uses a normative juridical method with descriptive analysis as the research specification. Cybercrimes are committed in cyberspace, with the internet as an intermediary for committing cybercrimes. Cybercriminals can carry out cybercrime activities both from close range from the target of the crime or from a great distance, they can commit cybercrimes against the target victim of cybercrime. In cybercrime investigations, the crime scene can be in various jurisdictions, both international and national, thus creating problems in determining the competent court. This is further complicated by the existence of the Electronic Information and Transactions Law (UU ITE), which regulates the jurisdiction of cybercrimes with different principles, such as the territorial principle, the national principle, and the universal principle. Because there is always a difference between the location (locus) of the perpetrator and the location of the consequences.