ASPEK HUKUM PERLINDUNGAN KONSUMEN TERHADAP TINDAK PIDANA PENIPUAN DALAM TRANSAKSI ELEKTRONIK (E-COMMERCE)

Abstract

The development of computer, telecommunications, and information technology has driven the increase in internet transactions worldwide. Large companies are increasingly using internet facilities. However, there are problems that arise from the benefits and convenience that can be obtained, including criminal law policies that regulate consumer protection in online buying and selling transactions in Indonesia, the implementation of law enforcement against online buying and selling fraud, and the challenges faced by law enforcement in the implementation of criminal protection for consumers in online buying and selling transactions. On the other hand, the normative juridical approach is used to find secondary data related to criminal legal protection in the issue of online buying and selling transactions. The discussion of criminal law policies that regulate consumer protection in online buying and selling transactions in Indonesia can be found in the ITE Law, PK Law, KUHP, and Law No. 7 of 2014 on Trade. Then, regarding the implementation of law enforcement against online buying and selling fraud, it can be done by reporting to the police for further processing and referral to the court. Legal rules are made to anticipate this, but the existing rules do not seem to reduce such crimes, but rather they have increased. This study aims to: first, to find out the enforcement of law against e-commerce based fraud crimes; and second, to find out the inhibiting factors in the enforcement of criminal law against e-commerce based fraud crimes. This study was conducted using the normative juridical method through a literature study by reviewing secondary data including legislation, research results, scientific journals, and references.

Keywords : E - Commerce, electronic transactions, UU ITE