Legal Liability for Account Breaches via Sniffing Modus Operandi

Cyber crime is a crime that utilizes internet network technology and can take criminal action. One form of Cybercrime refers to criminal acts that utilize internet network technology. One specific form of cybercrime is "sniffing" an illicit activity aimed at stealing sensitive data such as usernames, email addresses, and mobile banking passwords. The rise of social media platforms like WhatsApp has led irresponsible individuals to misuse the service by sending files with APK extensions to deceive victims. In Indonesia, regulations regarding hacking are generally covered under Law No. 1 of 2024 concerning Electronic Information and Transactions an amendment to Law No. 11 of 2008. This study aims to examine the criminal liability of perpetrators who engage in sniffing, resulting in financial loss for victims through the draining of their mobile banking account balances. The research employs a normative-juridical method utilizing a statutory approach. The analysis concludes that these actions constitute the crimes of fraud and theft, as perpetrators deceive victims by posing as package couriers and sending APK files via WhatsApp. Perpetrators exploit the victim's lack of awareness to induce them into opening the APK file, this allows the perpetrator to hack the victim's mobile phone, steal sensitive personal data (including mobile banking credentials), and subsequently drain the victim's account without their knowledge. However current Indonesian legislation regarding technology does not explicitly regulate sniffing particularly when carried out via APK file transmission as the ITE Law lacks specific articles that clearly define or address this practice. The Indonesian government should strengthen cybercrime regulations by explicitly regulating sniffing through malicious APK files to ensure legal certainty and protect victims from financial losses.