Wed, 13 Oct 2004

Expert gives evidence against KPU hacker

Urip Hudiono, The Jakarta Post, Jakarta

An expert witness testified on Tuesday that accused hacker Dani Firmansyah violated stipulations in the Law on Telecommunications when he allegedly gained illegal access to the website of the General Elections Commission (KPU).

Legal expert Edmon Makarim from the University of Indonesia's Research Institute for Law and Technology told the Central Jakarta District Court that Dani gained "unauthorized access" to the KPU's IT system, and "caused a disturbance that caused the system to fail to function properly".

Dani is charged under Article 22 of the telecommunications law for illegally accessing a telecommunications network and/or service, and Article 38 of the same law for causing a physical or electromagnetic disturbance to a telecommunications service.

The articles carry a maximum sentence of six years in prison and/or a fine of Rp 600 million.

In earlier hearings, the judges, prosecutors and Dani's lawyers argued over whether the KPU's IT system was a telecommunications network and whether the defendant's actions had physically disrupted the system.

Edmon said the KPU's IT system -- including its website -- could be considered a telecommunications network because it was used to connect two parties and exchange information between them.

Edmon also said a physical disturbance did not have to involve only a system's hardware, but could included "the integrity of the website's information".

"Disrupting this information remotely using computers could further be considered as an electromagnetic disturbance, because computers essentially work by the principles of electromagnetism," he said.

Presiding judge Hamdi adjourned the trial until Oct. 19, at which time the court will hear testimony from more witnesses.