Tinjauan Yuridis Pertanggungjawaban Pidana Penipuan yang Dilakukan Admin Arisan Online (Studi Putusan No. 897/PID.B/2020/PN Btm & Putusan No. 1014/Pid.Sus/2021/PN Dps.)

Abstract

Online savings groups, as a popular activity nowadays, are often used as a platform for crime. There are various legal issues that arise nowadays related to online savings groups. Many online raffle administrators commit crimes such as fraud, embezzlement, and money laundering under the guise of a raffle. The research questions to be examined are: (1) how the criminal law regulates online raffle fraud cases, (2) how the criminal liability of online raffle admins in online raffle fraud cases, (3) how the differences in sentencing between Batam District Court Decision No. 897/PID.B/2020/PN Btm and Decision No. 1014/Pid.Sus/2021/PN Dps. The type of research used is normative juridical, which emphasizes library studies related to written documents that serve as the main legal sources. The research approach method used in this study is a case approach, which involves examining cases that have become legally binding court decisions. The court decisions used are No. 897/PID.B/2020/PN Btm and Decision No. 1014/Pid.Sus/2021/PN Dps as research materials. The results of the research indicate that (1) the criminal law regulations on online lottery fraud cases can be punished under the Criminal Code Article 378 and Article 372 & Article 28 Paragraph 1 in conjunction with Article 45A Paragraph 1 of Law Number 19 of 2016. (2) The criminal liability of the online raffle admin as the perpetrator of fraud should be subject to Article 28 Paragraph 1 in conjunction with Article 45A Paragraph 1 of Law Number 19 of 2016 concerning Electronic Information and Transactions, which is the appropriate article to be used in online raffle fraud cases. (3) The difference in sentencing between the Batam District Court Decision No. 897/PID.B/2020/PN Btm and Decision No. 1014/Pid.Sus/2021/PN Dps shows that Decision No. 1014/Pid.Sus/2021/PN Dps has imposed an appropriate sentence for the Defendant, who is the online raffle admin, because the sentencing adhered to the principle of lex specialis derogat legi generali to achieve legal certainty.