Penegakan Hukum Terhadap Tindak Pidana Pidana Penipuan Berbasis Transaksi Elektronik

Abstract

The crime of fraud is currently growing following the times and technological advances. The rule of law is made to anticipate this, but the existing rules apparently do not make the criminal offence diminish but increase. This research aims to: first, to know the law enforcement against e-commerce-based fraud; and second, to know the inhibiting factors in criminal law enforcement against e-commerce-based fraud. This research was conducted using normative juridical method through literature study by examining secondary data including laws and regulations, research results, scientific journals and references. The results of the research illustrate that the criminal offence of e-commercebased fraud is in principle the same as conventional fraud, but the difference lies in the evidence or means of action, namely using electronic systems (computers, internet, telecommunications devices). Therefore, law enforcement regarding this criminal act of fraud can still be accommodated by the Criminal Code and Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Electronic Information and Transactions. Furthermore, obstacles in law enforcement against criminal acts of fraud based on electronic transactions are still influenced by five factors, namely legal factors, law enforcement factors, facilities or facilities that support law enforcement, community factors and cultural factors. Advances in information and communication technology today make it easier for people to provide and receive information. People can easily communicate without any distance, space and time limits. Along with the development of technology, the community is also required to be able to follow every development that is happening. The development of technology today is not just for the sake of establishing communication and socialising, but also leads to an unlimited world business network. The business network in question is on-line trading activities via the internet.

Keywords: Crime of Fraud, Electronic Transaction