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Mhd. Raihan Rizqullah; Rahmat Surkhalid Nasution; Sabda Abdillah Lubis; Muhammad Ichsan Parinduri; Limrogate Immanuel

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

The development of digital technology has provided convenience in various aspects of life, but also presents new challenges in the form of cybercrime. One of the increasingly widespread modes in Indonesia is the spread of APK (Android Package Kit)-based malware via short messages offering fake job vacancies or fictitious package notifications. When the victim downloads and installs the application, the perpetrator gains access to personal data and banking accounts, which are then used for criminal acts. This phenomenon causes great financial and emotional losses for the community and tests the effectiveness of criminal law in dealing with technology-based cybercrime. This study uses a normative juridical approach with an analysis of laws and regulations, scientific literature, and actual case studies. The results of the study show that the perpetrators can be charged with Articles 30, 32, and 35 of the ITE Law, as well as provisions in the new Criminal Code. However, the implementation of law enforcement still faces challenges, such as digital evidence, limited investigator capacity, and minimal cross-country cooperation. Therefore, cyber law policy reform, increasing digital literacy in the community, and strengthening coordination between law enforcement agencies are needed.

David Bani Adam; Safar Dwi Kurniawan; Arif Rakhman

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2023 Pusat Riset dan Inovasi Nasional

This study aims to analyze the implementation and proof of elements of criminal acts as required by Article 379a of the Criminal Code, specifically in cases where fraud is used as a livelihood. A normative legal approach is used with an analysis of legal documents and court decisions. The two results show the main aspects: (a) objective evidence in the form of transmission of fraud patterns and similar modes of use, and (b) subjective evidence in the form of intensity to make the activity a source of life. The findings show that recognition of habits (elements of habits) and completeness of evidence are key in the application of this article. The novelty of the study is the integration between empirical conclusion data and the need for proof of economic actors' habits, a dimension that has been less explored in previous studies.