PENGATURAN TINDAK PIDANA BAGI PELAKU PENIPUAN PHISING BERBASIS WEB

Faiz Emery Muhammad, . (2023) PENGATURAN TINDAK PIDANA BAGI PELAKU PENIPUAN PHISING BERBASIS WEB. Jurnal USM Law Review, 6 (1). pp. 226-241. ISSN 2621-4105

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Abstract

This study aims to analyze legal arrangements related to vague phishing in order to answer legal problems, namely whether it is in accordance with the elements of justice which is a legal ideal. The research discusses that the current criminal law rules need to be changed to pay attention to all parties (victims and the community) to be restored to their situation based on the ITE Law. This research method is a normative juridical using a statutory approach and a conceptual approach. The study yielded 2 points: first; That the current criminal law is still oriented towards the old penal system in accordance with the theory of criminal retaliation which is aimed at the punishment of the perpetrator and the rights of the victim are ignored. Second; There is no criminal arrangement regarding compensation that concretely regulates the crime of phishing. The novelty in this study is that it complements studies conducted in previous studies that only provide imprisonment for perpetrators as a form of compensation from the perpetrator and there is no personal responsibility from the perpetrator to return material losses suffered by the victim.

Item Type:	Article
Additional Information:	[No. Panggil: 1910611271] [Pembimbing: Beniharmoni Harefa] [Penguji 1: Bambang Waluyo] [Penguji 2: Handoyo Prasetyo]
Uncontrolled Keywords:	Cyber Crime, Legal Regulation, Law Enforcement, Phising
Subjects:	K Law > K Law (General)
Divisions:	Fakultas Hukum > Program Studi Hukum (S1)
Depositing User:	Faiz emery muhammad
Date Deposited:	21 Jul 2023 03:29
Last Modified:	21 Jul 2023 03:29
URI:	http://repository.upnvj.ac.id/id/eprint/25515

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