PROBLEMATIKA PENEGAKAN HUKUM TINDAK PIDANA PENGANIAYAAN DALAM PERSPEKTIF KUHP NASIONAL (STUDI KASUS PUTUSAN NOMOR 1856/Pid.B/2024/PN)

Abstract

The development of information technology has driven the rise of digital investment practices in Indonesia. While providing ease of investment, this development has also been exploited to carry out illegal digital investment practices, resulting in losses for the public through technology-based fraud. This situation raises issues regarding the adequacy of criminal law regulations in addressing the characteristics of illegal digital investment and its application in judicial practice. This study aims to analyze the provisions on fraud in Law Number 1 of 2023 concerning the Criminal Code regarding illegal digital investment practices in Indonesia and to analyze the application of these provisions based on court decisions. The research method used is normative legal research with a statutory regulatory approach, a conceptual approach, and a case approach, using primary, secondary, and tertiary legal materials analyzed qualitatively. The results indicate that the provisions on fraud in Law Number 1 of 2023 are still general in nature, but their elements can be applied to illegal digital investment practices. Their application in court decisions demonstrates that these provisions remain relevant in ensnaring perpetrators, supported by electronic evidence. Although regulatory harmonization and strengthening the capacity of law enforcement officers are still needed to improve the effectiveness of law enforcement.

Keywords: Fraud; Illegal Digital Investment, Law Number 1 of 2023, Legal Regulations, Court Decisions