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Analisis Yuridis Tindak Pidana Phishing Berdasarkan UU ITE: Studi Kasus Putusan PN Pekanbaru Nomor 764/Pid.Sus/2022/PN.PBR Erwin Ibrahim Muchsin; Nurmalia Ihsana
HUMANIORUM Vol 4 No 1 (2026): Jurnal Humaniorum
Publisher : PT Elaborium Elevasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37010/hmr.v4i1.156

Abstract

Phishing is a form of cybercrime that has developed rapidly along with the increasing use of information technology and electronic systems in modern society. This crime is carried out through manipulation or impersonation to unlawfully obtain personal data or electronic access, which may cause significant losses to victims. This study aims to analyze the legal enforcement of phishing crimes based on Law Number 11 of 2008 on Information and Electronic Transactions as amended by Law Number 19 of 2016, through a case study of the Decision of the Pekanbaru District Court Number 764/Pid.Sus/2022/PN.PBR. The research employs a normative legal research method using a statutory approach and a case approach by examining relevant legislation and the judges’ legal considerations in the decision. The results indicate that the defendant’s actions in the a quo case fulfill the elements of criminal offenses stipulated under the ITE Law, particularly regarding illegal access and misuse of electronic systems. Nevertheless, challenges remain in evidentiary aspects and in interpreting the elements of the offense, which require careful legal reasoning to ensure effective law enforcement and legal certainty in handling phishing crimes. Therefore, strengthening the understanding of law enforcement authorities and developing adaptive regulations are necessary to address the evolving nature of cybercrime.
Analisis Yuridis Pertanggungjawaban Pidana Korporasi dalam Tindak Pidana Pencucian Uang Eki Mandjasari; Nurmalia Ihsana
HUMANIORUM Vol 4 No 3 (2026): Jurnal Humaniorum
Publisher : PT Elaborium Elevasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37010/hmr.v4i3.174

Abstract

Money laundering may be committed through a corporation, but corporate punishment requires a legally justified attribution of conduct and fault. This study analyzes the criteria for attributing money-laundering offences to corporations, the parties that may be punished, the applicable sanctions, and enforcement obstacles under Indonesian law. It employs normative legal research using statutory and conceptual approaches by examining Law Number 8 of 2010, Supreme Court Regulation Number 13 of 2016, the Criminal Code effective from 2 January 2026, official reports, and relevant legal literature. The study finds that Article 6 of Law Number 8 of 2010 permits punishment of a corporation and/or its Controlling Personnel only when the four criteria in Article 6(2) are cumulatively fulfilled. Corporate fault is further assessed through the corporation’s benefit or interest, its tolerance of the offence, and its failure to take preventive or compliance measures under Supreme Court Regulation Number 13 of 2016, in line with the general corporate provisions of the current Criminal Code. Sanctions consist of a fine and additional penalties, while enforcement remains constrained by proof of control and benefit, complex corporate structures, cross-border asset tracing, and institutional coordination. A harmonized attribution framework, risk-based anti-money-laundering compliance, beneficial-owner transparency, financial intelligence, and asset recovery are therefore required.