A Juridical Analysis of the Criminal Act of Web Defacement Involving Online Gambling via SEO Poisoning on Government Websites: A Review under the ITE Law and the Criminal Code

Abstract

Rapid advancements in information technology and digital transformation have catalyzed complex modern cybercrimes, prominently Search Engine Optimization (SEO) Poisoning and Web Defacement targeting critical government and public sector infrastructure. This comprehensive study provides an in-depth normative legal and criminological evaluation of these emerging vectors under Law No. 1 of 2024 (the Second Amendment to the Electronic Information and Transactions Law / UU ITE) and Law No. 1 of 2023 (the New Indonesian Criminal Code / KUHP). SEO Poisoning manipulates search engine indexing algorithms to redirect unsuspecting users to unauthorized online gambling, phishing, or malicious domains by exploiting the high Domain Authority of legitimate institutional portals (.go.id), whereas Web Defacement alters the visual appearance, file structure, and operational functionality of official electronic systems. This paper examines whether current statutory provisions sufficiently encompass the operational nuances of these composite offenses, resolves overlapping norms, and evaluates criminal concurrence (concursus idealiter and concursus realis), digital forensics evidence standards, and individual/corporate liability mechanisms. Applying normative juridical research with teleological, conceptual, and comparative approaches, we find that while Law No. 1 of 2024 covers illegal access, data interference, and system manipulation under Articles 27A, 30, 32, and 33—with aggravated sanctions under Article 52 for government targets—statutory gaps remain regarding automated algorithmic manipulation, decentralized proxy infrastructures, and cross-border cyber syndicates. Furthermore, integrating KUHP 2023 principles offers refined doctrines for corporate accountability, liability of technical accessories (deelneming), and structured concurrence rules.