Tindak Pidana Penipuan Jual Beli Online melalui Instagram dalam Tinjauan Hukum Pidana: Studi Kasus di Polres Mojokerto

Raza Murad Khan (Universitas Sunan Giri)

ALADALAH: Jurnal Politik, Sosial, Hukum dan Humaniora
Vol. 2 No. 1 (2024): Januari : Jurnal Politik, Sosial, Hukum dan Humaniora

This study examines online fraud in buying and selling transactions conducted through Instagram, with particular reference to a case study at the Mojokerto District Police. The study aims to examine the law enforcement efforts undertaken by the police in addressing online fraud through Instagram and to analyze such offenses from the perspective of criminal law. This research employs an empirical juridical method with a qualitative approach. Primary data were obtained through interviews with police officers at the Mojokerto District Police, while supporting data were collected through relevant documentation. The data were analyzed qualitatively by examining the empirical findings in relation to the criminal law provisions applicable at the time of the study. The findings indicate that law enforcement against online fraud committed through Instagram involves several stages, including the receipt of reports, preliminary investigation, formal investigation, examination of victims and witnesses, and the collection and assessment of relevant evidence, particularly electronic evidence. In the case examined, Article 28 paragraph (1) of Law Number 11 of 2008 on Electronic Information and Transactions, as amended by Law Number 19 of 2016, was applied in relation to the dissemination of false or misleading information that resulted in losses to consumers in electronic transactions. Nevertheless, the enforcement process encountered several obstacles, particularly difficulties in identifying perpetrators, tracing social media accounts and bank accounts used in the fraudulent transactions, and obtaining and securing electronic evidence. Other factors affecting law enforcement included limitations in infrastructure and human resources, as well as the public's limited awareness of the importance of promptly reporting online fraud. The study concludes that effective law enforcement against online fraud through Instagram requires the appropriate application of criminal law provisions, supported by the investigative capacity of law enforcement authorities in identifying, tracing, and proving digital evidence. Preventive measures should also be strengthened through public education concerning secure online transactions in order to reduce the risk of fraud in digital commerce.