Ketentuan Pidana Terhadap Tindak Pidana Dengan Sengaja Mentransmisikan Informasi Elektronik Yang Memiliki Muatan Pemerasan Dan Pengancaman Menurut Pasal 27 Ayat (4) Jo Pasal 45 Ayat (4) UU RI NO. 19 Tahun 2016 Perubahan Atas UU RI NO. 11 Tahun 2008 Tentang ITE

Abstract

The development of technology has provided convenience for society, with almost every social media platform being easily accessible by its users, particularly in the financial sector such as Financial Technology or online loans that offer business capital loans or funds for daily needs. However, these online loans are not free from various criminal acts committed by both the lenders and borrowers. In the decision Number 438/Pid.Sus/2020/PN JKT Utr, the issue discussed in this thesis is how criminal sanctions are applied to crimes committed without authorization, such as the transmission of electronic information containing extortion and threats. The consideration of the judges in imposing sanctions and what provisions should be given to the defendant, apart from Article 27 Paragraph (4) Jo Article 45 Paragraph (4) of Law No. 19 of 2016, which amends Law No. 11 of 2008 on Electronic Information and Transactions (ITE). This thesis employs a normative legal research method with secondary data and uses library materials, which are then systematically analyzed. Based on the research findings, the application of law regarding extortion accompanied by threats based on financial technology in the North Jakarta District Court decision number 438/Pid.Sus/2020/PN Jkt Utr, the panel of judges used the ITE Law, which is appropriate under Law No. 19 of 2016, amending Law No. 11 of 2008 on ITE. The criminal provisions on extortion and threats in the ITE Law are still too general and do not cover all aspects of crimes in the digital world. The application of criminal sanctions in Decision Number 438/Pid.Sus/2020/PN JKT Utr imposed by the panel of judges still needs improvement, considering the impact of extortion and threats via electronic information, which causes psychological trauma due to the extortion and threats experienced.