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PERTANGGUNGJAWABAN PIDANA TERHADAP PENYEBAR BERITA BOHONG (HOAX) DALAM PERSPEKTIF HUKUM PIDANA INDONESIA PASCA PEMBARUAN KUHP DAN UU ITE Rahmat Giling; Siti Humulhaer; Nursalim; Mahmuddin; Dany Wahyu
Berajah Journal Vol. 6 No. 1 (2026): Berajah Journal
Publisher : CV. Lafadz Jaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47353/bj.v2i2.80

Abstract

The era of digitalization, marked by the rapid development of information and communication technology, has brought significant transformations in patterns of social interaction within society. The ease of access to information through digital platforms, particularly social media, paradoxically has also triggered the proliferation of false information or hoaxes that threaten social stability, public order, and national security. This study analyzes the construction of criminal liability for perpetrators of spreading false information within the framework of Indonesian criminal law following the reform of the Criminal Code and the enactment of Undang-Undang Nomor 1 Tahun 2024 tentang Perubahan Kedua atas Undang-Undang Nomor 11 Tahun 2008 tentang Informasi dan Transaksi Elektronik. This research employs a normative juridical method using statute, conceptual, and case approaches. The results of the analysis indicate that criminal liability for the dissemination of hoaxes has undergone significant evolution with the reform of both substantive and procedural criminal law. The offense of spreading false information is now comprehensively regulated under the ITE Law 2024 as lex specialis, reinforced by provisions in the National Criminal Code concerning crimes against state security, public order, and fraud. The elements of the offense emphasize the presence of intent (dolus), the dissemination of electronic information, and the potential to cause public unrest or losses. However, law enforcement implementation still faces several challenges, including the complexity of digital evidence, the anonymity of perpetrators, and the necessity to balance legal protection with freedom of expression within a democratic rule-of-law state.
PERTANGGUNGJAWABAN HUKUM FINTECH LENDING ATAS KREDIT MACET DALAM PERJANJIAN ELEKTRONIK Rahmat Giling; Hasnah Aziz; Nursalim; Mahmuddin; Dany Wahyu
Berajah Journal Vol. 6 No. 3 (2026): Berajah Journal
Publisher : CV. Lafadz Jaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47353/bj.v6i3.502

Abstract

The development of financial technology lending (fintech lending) in Indonesia has transformed the financing landscape by introducing electronic agreements as the primary legal instrument in creditor-debtor relationships. However, the increasing volume of non-performing loans in this sector raises fundamental questions regarding the legal accountability of fintech lending providers. This article aims to analyze juridically the legal accountability of fintech lending for non-performing loans arising from electronic agreements. The research method used is qualitative with a normative-empirical legal approach. Data was collected through studies of legislation, court decisions, Financial Services Authority reports, and scientific literature studies. The results show that the legal accountability of fintech lending for non-performing loans involves three crucial aspects: first, the legal status of fintech lending as an intermediary versus a party to the credit agreement; second, the distribution of responsibility among fintech lending, partner banks, and investors in the peer-to-peer lending financing structure; and third, the mechanism for resolving non-performing loans that fulfills the principle of substantive justice. This article recommends the need for clarification of the legal status of fintech lending in legislation, harmonization of obligations among parties in electronic agreements, and development of a proportional non-performing loan resolution mechanism.