Merthalina Gulo
Universitas Pamulang

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Perlindungan Konsumen terhadap Penipuan Transaksi Online Berdasarkan UU ITE Indonesia Muardi Friska; Merthalina Gulo; Siti Suhriyah; Roni Rustandi
JURNAL HUKUM, POLITIK DAN ILMU SOSIAL Vol. 5 No. 2 (2026): Juni: JURNAL HUKUM, POLITIK DAN ILMU SOSIAL
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/jhpis.v5i2.6406

Abstract

The rapid growth of e-commerce in Indonesia has been accompanied by an increasing risk of online transaction fraud that causes significant financial losses to consumers. Although the government has strengthened cyber regulations through Law No. 1 of 2024 concerning the latest Information and Electronic Transactions (ITE) Law, challenges remain in ensuring effective legal protection for victims. This study aims to analyze the juridical synchronization of criminal sanctions for cyber fraud between the latest ITE Law and the provisions of the Indonesian Criminal Code (KUHP), as well as to examine the reconstruction of repressive legal protection for consumer loss recovery from the perspective of the Consumer Protection Law (UUPK). This research employs a normative juridical approach using statutory and conceptual approaches. Legal materials were collected through library research and analyzed descriptively and qualitatively using a deductive method. The findings reveal overlapping legal norms and potential disparities arising from the rigid interpretation of the "consumer loss" element under Article 28 paragraph (1) of the latest ITE Law when compared with fraud provisions in both the existing KUHP and the New Criminal Code (Law No. 1 of 2023). Furthermore, the current repressive protection mechanism under the UUPK remains ineffective in restoring consumers' material losses due to the dominance of a retributive legal approach and the anonymity inherent in digital transactions. Therefore, reconstructing cyber law enforcement by strengthening restorative justice mechanisms, including optimizing the integration of civil claims into criminal proceedings under Article 98, is essential to provide more adaptive and effective consumer protection.