ANALISIS YURIDIS TERHADAP PENERAPAN SANKSI PIDANA BAGI PELAKU PENIPUAN DALAM TRANSAKSI ELEKTRONIK BERDASARKAN ASAS LEX SPECIALIS DEROGAT LEGI GENERALI DITINJAU DARI KUHP DAN UU ITE (Studi Kasus Putusan Nomor 173/Pid.B/2017/PN.DMK)

Abstract

Fraud is an act with the intention of unlawfully benefiting oneself or another person that causes harm to the victim. But along with the development and advancement of technology, fraud is carried out through electronic media. This study aims to find out how the application of the principle of lex specialis derogat legi generali to the decision, and to find out how to overcome the occurrence of online fraud crimes in Indonesia. The research method used is normative juridical and library research by conducting an assessment of the laws and regulations, other sources related to this research. The results showed that the judge did not apply the principle of lex specialis derogat legi generali by deciding the case with the article of the Criminal Code, not the article on the UU ITE. Efforts that can be made to overcome the occurrence of online fraud crimes are penal and non-penal policies.