Penegakan Hukum terhadap Tindak Pidana Penipuan dengan Modus Arisan Online pada Polres Nias (Studi Kasus: Putusan Pengadilan Negeri Gunungsitoli No. 83/Pid.B/2020/PN.Gst.)

Abstract

In Indonesia, there have been many cases of fraud with the online social gathering mode, one of which occurred in Gunungsitoli, North Sumatra. The fraud case with the online social gathering mode that occurred, known as “Arisan Help Help”, was allegedly carried out by a woman with the initials NIT (29), a resident of Jalan Kelapa, Ilir Village, Gunungsitoli District, Gunungsitoli City, North Sumatra. Based on a preliminary interview with the Head of the Nias Police, AKBP. Deni Kurniawan, the disclosure of a fraudulent investment case based on the complaint report of Petrus Hamonangan Panjaitan, a resident of Jalan Diponegoro No. 72, Ilir Village, Gunungsitoli District, Gunungsitoli City. The occurrence of a criminal case of fraud with the online social gathering mode in the Gunungsitoli City area in 2020, indicates the need for strict law enforcement by the police, especially the Nias Police Station in carrying out their duties, especially in investigative management to catch every perpetrator of fraud with the social gathering mode. online by applicable legal provisions. The problems in this research, namely: the legal rules governing fraud with online social gathering mode; factors that influence law enforcement at the Nias Police Criminal Investigation Unit in uncovering fraud with the online social gathering mode; and criminal policies in law enforcement by the Nias Police Satreskrim in uncovering fraud cases using the online social gathering mode. This research is a study of criminal policy theory carried out by applying a scientific analytical process. The data used is secondary data which is supported by empirical data. The data used in legal research is sourced from primary, secondary, and tertiary legal materials. Secondary data collection was carried out using library research techniques and data collection tools in the form of document studies and interviews. Data analysis used qualitative methods. Conclusions are drawn using the inductive method. The results of the study show that: The rule of law for fraud with online social gathering mode that often occurs is snared under the provisions of Article 378 of the Criminal Code regarding fraud. The various online social gathering fraud systems have the same characteristic, namely that they always promise big and fast profits. Article 28 paragraph (1) of the ITE Law, explicitly regulates online-based fraud; The factors that influence law enforcement at the Nias Police Satreskrim in uncovering cases of fraud with the online social gathering mode consist of internal factors and external factors. Internal factors, influenced by the lack of knowledge of Human Resources for Criminal Investigations at the Nias Police, the budget for investigations, and inadequate facilities and infrastructure, as evidenced by the absence of high-tech tools at the Nias Police, such as: a tool for tracking the position of perpetrators which is centralized in the North Sumatra Police; and criminal policies in law enforcement consist of penal policies, namely repressive efforts to enforce the law, and non-penal policies, namely preventive prevention efforts, making appeals through social media.