Analisis terhadap Tindak Pidana Penipuan Berbasis Online dengan Modus Give Away di Media Sosial Facebook (Studi Putusan Nomor 217/Pid.Sus/2023/PN TJB)

Abstract

The advancement of digital technology has created new space for various types of crimes, one of which is digital fraud using a fake giveaway scheme. This scheme is carried out through social media by using fake accounts that impersonate public figures to persuade victims into following certain instructions, such as sending money in exchange for fake prizes. This type of fraud not only causes financial loss but also creates public distrust toward digital platforms and the public figures whose identities are misused. This study aims to examine the criminal law regulation of digital fraud using the giveaway scheme, based on Decision Number 217/Pid.Sus/2023/PN Tjb. The research uses a normative legal method with a statutory and case study approach. Several legal provisions are analyzed, including Article 28 paragraph (1) in conjunction with Article 45A paragraph (1) of Law Number 19 of 2016 concerning Electronic Information and Transactions, along with other related regulations used in the case resolution. Data were obtained through literature study and analyzed qualitatively to describe the pattern of violations and the application of legal norms to this crime. The results show that the existing legal regulations provide a basis for handling digital fraud, but they do not specifically anticipate new schemes that involve the misuse of public figure identities. This creates challenges in protecting victims and responding to offenders. Therefore, it is necessary to strengthen more specific legal rules and increase public legal awareness so that similar crimes can be prevented and handled more effectively.