Pertanggungjawaban Pidana Terhadap Pelaku Manipulasi Data Digital Dalam Penipuan Melalui Platform Digital (Studi Putusan Nomor 442/Pid.Sus/2023/Pn Pbr Dan Putusan Nomor 78/Pid.Sus/2024/Pn Skg)

Abstract

The development of information technology has encouraged the emergence of new forms of crime, one of which is digital data manipulation that has the potential to harm individuals and institutions. The previous Indonesian criminal law system, especially the old Criminal Code, was considered not to have fully anticipated this technology-based crime mode. Therefore, the birth of regulations such as the ITE Law and the new Criminal Code is a necessity to accommodate these dynamics. This study aims to examine the legal regulations, the process of proof, and criminal liability for perpetrators of digital data manipulation. The formulation of the problems raised in this study include how the legal regulations for criminal acts and forms of digital data manipulation in Indonesia; how is the process of proving criminal acts of digital data manipulation carried out through digital platforms; and how is the criminal responsibility for perpetrators of digital data manipulation crimes and the judge's considerations in providing fair legal protection for victims based on decisions Number 442/Pid.Sus/2023/PN Pbr and Numbe 78/Pid.Sus/202 4/PN Skg. This study uses a normative juridical method, with a statutory regulatory approach and case studies, as well as an analysis of two court decisions that were the objects of the study. The results of the study show that the legal regulation of digital data manipulation in Indonesian positive law has included a combination of the Criminal Code, the ITE Law, and the PDP Law. Digital data manipulation can be prosecuted through the provisions of the old and new Criminal Codes regarding fraud and forgery. Proof can be carried out through the use of valid evidence regulated in Article 184 of the Criminal Procedure Code. Criminal liability for perpetrators of digital data manipulation refers to the fulfillment of the elements of a criminal act, the existence of an error in the form of intent (dolus). In the analysis of Decision Number 442 / Pid.Sus / 2023 / PN Pbr and Decision Number 78 / Pid.Sus / 2024 / PN Skg, it was found that the judge considered the mode of data manipulation carried out in a planned manner, the impact of financial losses on the victim, and the use of digital means to carry out the crime, thus imposing imprisonment and a fine on the defendant on the basis of the fulfillment of the elements of error and full criminal responsibility.