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Perpustakaan Fakultas Syariah dan Hukum
UIN Syarif Hidayatullah Jakarta

The main discussion in this study is the case of criminal fraud contained in the Supreme Court Decision Number 975 / PID. Sus/2018/PN Mks concerning Online buying and selling fraud which is a criminal act that has been regulated in article 378 of the Criminal Code and Law number 11 of 2008 concerning information and electronic transactions. This thesis aims to answer two questions, namely sanctions against criminal offenders in the perspective of positive law and Islamic criminal law and how judges consider it in the decision of the Makassar District Court.
This study uses normative methods in the case approach. By collecting some data carried out with literature and analyzing case decisions. In this case, the author systematically analyzes sources related to the object of research, namely the Supreme Court Decision Number 975 / PID. Sus/2018/PN Mks.
The results of this study show that the sanctions imposed on the defendants are imprisonment for (six) months each, the consideration of the panel of judges has been with a degree of error and relies on imposing punishment by applying educational or educational elements, which are contained in the judgment of case 975 / PID. Sus/2018/PN Mks in accordance with article 28 paragraph (1) of UURI No.11 of 2008 concerning Electronic Information and Transactions jo article 45 A paragraph (1) of Law No.19 of 2016 concerning amendments to UURI No.11 of 2008 concerning Electronic Information and Transactions jo article 55 paragraph (1) to 1 of the Criminal Code and Law Number 8 of 1981 concerning the Criminal Procedure Law. Where defendants Rudi and Ahmadi have been validly and conclusively proven guilty of committing criminal acts.

28/PMH/2022

28/PMH/2022

Perpustakaan FSH Lantai 4

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