Pertanggungjawaban Pidana Terhadap Pelaku Tindak Pidana Penipuan Online Melalui Media Sosial Dalam Undang Nomor 19 Tahun 2016 ( Studi Putusan Nomor 73/Pid.Sus/2021/PN.Nga )

Abstract

The rapid development of information technology has significantly transformed social interactions and economic transactions, particularly through social media. However, this advancement also creates opportunities for the emergence of cybercrimes, one of which is online fraud. This research aims to analyze the legal framework for addressing online fraud through social media in Indonesia, the application of criminal liability to perpetrators, and the judicial considerations in the District Court Decision Number 73/Pid.Sus/2021/PN Nga. This study employs a normative juridical method with a comparative legal approach. Data were obtained through literature review, consisting of primary, secondary, and tertiary legal materials. The analysis was conducted qualitatively to understand how laws and regulations, particularly Law Number 19 of 2016 concerning Electronic Information and Transactions (ITE Law), are applied to prosecute perpetrators of online fraud. The findings indicate that although Article 378 of the Indonesian Criminal Code (KUHP) is still used as the legal basis for fraud cases, Article 28 paragraph (1) in conjunction with Article 45A paragraph (1) of the ITE Law is more relevant and specific in addressing cases of online fraud via social media. Decision Number 73/Pid.Sus/2021/PN Nga serves as a concrete example of how law enforcement authorities face challenges in proving and establishing criminal liability in the digital realm. This study recommends strengthening regulations, enhancing the capacity of law enforcement officials, and improving public digital literacy to reduce the incidence of cybercrime.