Law / Indonesia

Electronic Information and Transactions Law, unauthorised access

Law No. 11 of 2008, Article 30 jo. Article 46, Electronic Information and Transactions Law

A computer misuse rule binding public and private bodies.

What it requires

  • Do not access a computer or electronic system belonging to another person in Indonesia without right, including to obtain electronic information or documents from it.
  • A separate, higher penalty tier applies where access involves violating, breaking through, exceeding, or breaching a security system that restricts access by user classification or authorisation level.

These lines are LexLint's reading of the law's text.

If you get it wrong

Criminal exposureYes

Criminal exposure note

Article 46 makes each paragraph of Article 30 a separate offence: paragraph (1) up to 6 years' imprisonment and/or a fine of up to Rp600,000,000; paragraph (2) up to 7 years and/or Rp700,000,000; paragraph (3), access that defeats a security system, up to 8 years and/or Rp800,000,000.

Penalty structure

Article 46 sets three escalating fixed caps keyed to which paragraph of Article 30 is violated: up to 6 years' imprisonment and/or a fine of up to Rp600,000,000 for paragraph (1) (simple unauthorised access), up to 7 years and/or Rp700,000,000 for paragraph (2) (access with intent to obtain electronic information or documents), and up to 8 years and/or Rp800,000,000 for paragraph (3) (access that violates, breaks through, exceeds, or breaches a security system). The cap recorded here is the paragraph (3) ceiling, the highest of the three.

Rule
Fixed only
As of
Currency
IDR
Fixed cap
800,000,000

What this law does

Drafted with AI

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Research summary

Legal information, not legal advice. This is LexLint's own research summary of a public legal source, and it creates no attorney-client relationship. For decisions that matter, consult qualified counsel in the relevant jurisdiction. About LexLint

Article 30 prohibits three escalating acts, each without right or unlawfully: paragraph (1) accessing another person's computer or electronic system by any means; paragraph (2) the same access with intent to obtain electronic information or documents; and paragraph (3) the same access carried out by violating, breaking through, exceeding, or breaching a security system, defined in the official elucidation as a system that restricts or prohibits computer access based on user classification and authorisation level.

Paragraphs (1) and (2) carry no textual requirement that any security measure be defeated, so a plain reading does not on its own resolve whether reading a public, unauthenticated page is access "without right"; this article has not been amended by the 2016 or 2024 amendments to the Law. Article 46 sets the corresponding criminal penalties.

Both Article 30 and Article 46 were later revoked when the Criminal Code (Law No. 1 of 2023) took effect on , which recodifies the same without-right access offence, at the same three escalating tiers, at its own Article 332.

A separate law, the Penyesuaian Pidana Act (Law No. 1 of 2026), took effect the same day and re-worded all three paragraphs of Article 332 to drop the express requirement that the access be intentional, leaving the without-right element, the security-system element in paragraph (3), and all three penalty tiers unchanged.

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