| dc.description.abstract | Criminal acts of fraud in the management of online arisan (rotating savings) in their handling have caused many polemics or legal issues, where problems regarding the limits to which an act can be regarded as a criminal act or as an act of default. Which limitation, it is necessary to have clarity regarding the concept of default which is the realm of civil law and fraud which is the realm of criminal law. To examine more deeply the regulation of criminal acts of online arisan fraud and proof of criminal offence of online arisan fraud according to Indonesian laws and regulations, as well as the judge’s legal considerations in ruling number 375/Pid.Sus/2021/PN Bnj against criminal acts of online arisan fraud.
The research uses a normative juridical approach method, namely doctrinal legal research that refers to legal norms, which are statutory laws in Indonesia, so this research emphasizes secondary material sources, both in the form of regulations and theories law. The entire data is processed, analyzed and interpreted logically, systematically using the deductive method.
Based on the research results, the regulation of criminal acts of fraud in online gatherings according to Indonesian laws and regulations is regulated in Article 28 paragraph (1) jo. Article 45 A paragraph (1) Law Number 19 of 2016 concerning amendments to Law Number 11 of 2008 concerning Information and Electronic Transactions. The proof of the crime of online arisan fraud in the Binjai District Court Ruling Number 375/Pid.Sus/2021/PN Bnj in broad outline is the proof that the actions of the defendant RDOP are prohibited according to law, the defendant RDOP has committed an act that is against the law by committing a crime of fraud against the victim AS who is a member of an online arisan managed by the defendant RDOP. The RDOP defendant, according to the Panel of Judges, has willed (willens) to commit an act that is prohibited by law and has understood (weten), that his actions are prohibited by law by inviting him to offer benefits and then in the end resulted in the victim experiencing a loss. The judge's legal considerations in ruling number 375/Pid.Sus/2021/PN Bnj against the crime of online arisan fraud are that the panel of judges is guided by the demands and indictments of the public prosecutor and the facts obtained at the trial, where the Panel of Judges is of the opinion that the defendant RDOP has willed (willens) to commit an act which is prohibited by law and has understood (weten), that his act which is prohibited by law invites by offering benefits and then in the end results in the witness victim AS suffering a loss, thus the elements of the act crime as stipulated in Article 28 paragraph (1) of the ITE Law has been fulfilled. | en_US |
