CD Skripsi
Sistem Pembuktian Dalam Tindak Pidana Penipuan Melalui Sarana E-Commerce Berdasarkan Kitab Undang-Undang Hukum Acara Pidana Dan Undang-Undang Nomor 19 Tahun 2016 Tentang Perubahan Atas Undang- Undang Nomor 11 Tahun 2008 Tentang Informasi Dan Transaksi Elektronik
ABSTRACT
Business fraud through e-commerce means is a fraud that occurs because of
the engineering or lies of electronic information by criminals in business through
e-commerce means. Victims of fraud through e-commerce means are reluctant to
report to law enforcement, while fraud is categorized as ordinary offense. More
and more parties are disadvantaged for the actions of the perpetrators of fraud
through e-commerce if there is no law that regulates it.
This type of legal research is normative law with a normative juridical
approach to critically analyze e-commerce-based fraud criminal law norms which
aim to explore the disclosure of protection and law enforcement for victims of ecommerce-
based fraud. Meanwhile, if viewed from the nature of this research is
descriptive. Data collection in this study is a study of documents or library
materials.
The result of this research is the regulation of the legal system of proof of
criminal acts of fraud through e-commerce means in Indonesian criminal law,
namely the Criminal Procedure Code only contains the role of proof in Article
183 that judges may not impose a crime on someone unless with at least two valid
evidence. In Indonesia, legal regulations regarding e-commerce transactions are
still a topic of discussion. Even making legal regulations in e-commerce
transactions has created tug of war from two different interests. As a result, this
legal regulation has only become a discourse until now. Even if there are rules
that regulate e-commerce transaction issues, even that is still very partial and too
small. However, this little regulation is not sufficient to accommodate the legal
problems that arise in e-commerce transactions. Therefore, the need for
comprehensive and integrated arrangements, as well as paying attention to
existing arrangements, is something that cannot be denied. The implementation of
the proof system in criminal acts of fraud through e-commerce means based on
the Criminal Procedure Code and Law Number 19 Year 2016 concerning
Electronic Information and Transactions, namely in the Criminal Procedure Code
electronic or digital data is not recognized as valid evidence. In Law Number 19
of 2016 concerning Electronic Information and Transactions, electronic or digital
data is an extension of legal evidence in accordance with the applicable
procedural law in Indonesia. However, investigators need a lot of time and money
in obtaining this evidence.
Keywords: Evidence System, Fraud, E-Commerce
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