Juridical Review of Legal Power on The Evidence of Evidence Online (Cybercrime) in Credit Card Connected with Law Number 11 The Year 2008 Regarding Information and Electronic Transactions

Syarifah Farida Alaydrus, Edi Setiadi, Eka Juarsa

Abstract


In Indonesia, cybercrime is a crime known as a crime that cannot be seen but the consequences can be felt. A number of reports from people who have been harmed by online criminals through electronic media, especially credit cards. Making Police of the Republic of Indonesia is obliged to solve the problems that occur among the community so that cases of online crime through electronic media, especially credit cards can be minimized. The purpose of this study is to know and understand the legal power of cybercrime evidence in credit cards associated with Law Number 11 The year 2008 About Information and Electronic Transactions. As well as handling cases against cybercrime in the perspective of criminal procedure law. In this research, approach method used in this research is a normative juridical approach. Specification Research, this study is analytical descriptive. Data type, that is secondary data. Data collection is done through library research (library research) on secondary data. The data obtained in this study were analyzed using qualitative normative methods. The results of this study, the strength of electronic evidence in the form of Electronic Information and Electronic Documents in the investigation, prosecution and examination of cybercrime in the trial court has a valid evidentiary power as regulated by criminal procedure law, Electronic Information proof and Electronic Document and the print is an expansion of evidence Based on Article 184 of KUHAP. Electronic Information and Electronic Documents shall be declared valid if using Electronic System in accordance with the provisions set forth in Law Number 11 The year 2008 regarding Information and Electronic Transaction. The police of the Republic of Indonesia in the handling of cybercrime especially in the crime of misuse of credit cards is not much different from the handling of conventional crimes, the treatment is done through the stage of investigation, investigation, and examination, as has been set in the provisions of the Criminal Procedure Code and in Law Number 11 Year 2008 regarding Information and Electronic Transactions.

Keywords


Evidence Tools, Online Crime, Credit Card.

References


Barda Nawawi Arief, Tindak Pidana Mayantara Perkembangan Kajian Cyber Crime di Indonesia, PT. RajaGrafindo Persada, Jakarta, 2005.

Sutan Remy Syahdeini, Kejahatan Tindak Pidana Komputer, Pustaka Utama Grafiti, Jakarta, 2009.

Hibnu Nugroho, Merekonstruksi Sistem Penyidikan Dalam Peradilan Pidana (Studi Tentang Kewenangan Penyidik Menuju Pluralisme Sistem Penyidikan di Indonesia), Jurnal Hukum Pro Justitia, Vol. 26 No. 1, Januari 2008.

Anthony Fajri, Cyber Crime, dalam http://students.ee.itb.ac.id/fajri/publication

Yusuf Asyari, Curiga saat Bayar Hotel, 18 Pembobol Kartu Kredit Ditangkap, http://www.jawapos.com/read/2017/02/01/106376/curiga-saat-bayar-hotel-18-pembobol-kartu-kredit-ditangkap




DOI: http://dx.doi.org/10.29313/.v0i0.6614

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