Reformasi Hukum Trisakti
Vol. 5 No. 1 (2023): Reformasi Hukum Trisakti

TINDAK PIDANA MENYEBARKAN BERITA BOHONG MERUGIKAN KONSUMEN MELALUI MEDIA SOSIAL INSTAGRAM

Bella Annisa Maharani (Program Studi Ilmu Hukum, Fakultas Hukum, Universitas Trisakti, Jakarta, Indonesia)
Ermania Widjajanti (Program Studi Ilmu Hukum, Fakultas Hukum, Universitas Trisakti, Jakarta, Indonesia)



Article Info

Publish Date
01 Feb 2023

Abstract

Online fraud is when a writer accesses a website using internet services with the intention of fooling one of the people he intends to target. As a result, lawmakers must be more aggressive in punishing those who commit fraud, particularly online fraud, by having a deterrent effect on others who do so. 1) Did the Respondent's activities satisfy the criteria listed in Article 45A Paragraph (1) of the Electronic Transaction Information Law Number 19 of 2016 (Research Decision Number 1085/pid.sus/2020/PN.bdg)? This is the problem formulation for this final work; 2) How do judges penalize those who commit online fraud using the social media platform Instagram (analysis of decision No. 1085/Pid.sus/2020/PN.Bdg). With secondary data and qualitative analysis, this form of study is normative, and inferential reasoning is used to arrive at findings. Conclusion: 1) The respondent's conduct satisfy the conditions outlined in Article 45A (1); 2) based on the judge's sentencing in that case, which was based only on theory, particularly contemporary, which combines all three types of sentencing theories-absolute, relative, and a combination of the two-and must satisfy the following criteria: Deterrence, education, rehabilitation, social control, rehabilitation, restorative justice.

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Journal Info

Abbrev

refor

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Jurnal Reformasi Hukum Trisakti comes from the results of the sudents undergraduate thesis of the Faculty of Law Trisakti University, in subjects : Business Law International Law Labour Law Family Law Land Law Constitutional Law Criminal Law ...