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All Journal Jurnal Magister Hukum Perspektif J-CEKI
Mohammad Daffa Saifullah
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Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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PENEGAKAN HUKUM TINDAK PIDANA PENIPUAN ONLINE: STUDI IMPLEMENTASI UNDANG-UNDANG ITE DI INDONESIA Mohammad Daffa Saifullah; Pramono, Agus
Jurnal Magister Hukum Perspektif Vol. 16 No. 2 (2025)
Publisher : Magister Ilmu Hukum, Universitas Wisnuwardhana Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37303/magister.v16i2.127

Abstract

The increasing prevalence of cybercrime, particularly online fraud, poses significant challenges for modern legal systems. Although a number of studies have highlighted the technological and criminological dimensions of cybercrime, scientific attention to the normative adequacy and effectiveness of the legal framework governing online fraud remains limited. This study fills this gap by examining the interaction between the Criminal Code (KUHP) and the Electronic Information and Transactions Law (UU ITE) in regulating online fraud. The research questions addressed in this study are (1) How is online fraud regulated by law and (2) What are the obstacles faced in the process of enforcing the Law on Online Fraud?  The research method used in this study is a legal-normative method by analyzing several primary and secondary legal sources, including legislation, journal articles, and electronic news. Based on the research process that has been carried out, it was found that in Indonesia itself, there are already laws that regulate violations committed by individuals/entities in the virtual environment, which are listed in several laws and regulations, both in the ITE Law and the Criminal Code. However, in the implementation process, law enforcement officials still face many obstacles in carrying out their duties in relation to cybercrime cases, one of which is the ambiguity of the choice of law. Keywords: Online Fraud, Cybercrime, Personal Data, ITE Law, Criminal Code
Scoping Review: Penegakan dan Perlindungan Hukum Tindak Pidana Cyberbullying pada Anak sebagai Pelaku ataupun Korban Mohammad Daffa Saifullah; Siti Naharotun Nikmah
J-CEKI : Jurnal Cendekia Ilmiah Vol. 5 No. 1: Desember 2025
Publisher : CV. ULIL ALBAB CORP

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56799/jceki.v5i1.13577

Abstract

The criminal act of cyberbullying involving children has become increasingly widespread in recent years, making it necessary to strengthen law enforcement efforts as well as legal protections for children, both as victims and as perpetrators. This article aims to examine the mechanisms of legal enforcement and child protection concerning cases of cyberbullying committed against children and by children within the Indonesian legal system. The article employs a Scoping Review method by analyzing various relevant scholarly works related to the topic. The findings of the review indicate that Indonesian legislation comprehensively regulates criminal acts of cyberbullying involving children, whether they are the victims or the offenders. The applicable legal framework also prioritizes the protection of children’s rights by mandating diversion measures based on a Restorative Justice approach, ensuring that children do not suffer long-term trauma from their involvement in such cases. However, several challenges remain in preventing cyberbullying, particularly due to limited understanding among the public and relevant stakeholders, as well as inadequate facilities and supporting infrastructure to address the issue effectively.
Co-Authors Agus Pramono Siti Naharotun Nikmah