Perananan Hukum Dan Penegakan Hukum Pidana terhadap Pelaku Penipuan Lewat Short Message Service (SMS) Ditinjau dari Undang-Undang Nomor 11 Tahun 2008 tentang Informasi Teknologi Elektronik

Abstract

The rapid development of information technology has significantly transformed various aspects of human life, including communication patterns and economic activities. However, these advancements have also led to the emergence of new forms of crime, commonly referred to as cybercrime, one of which is fraud conducted through Short Message Service (SMS). This type of crime exploits the ease of communication access to deceive victims through various methods, such as fake prize notifications, fraudulent transactions, and misleading information. This study aims to analyze the role of law and criminal law enforcement against SMS fraud perpetrators based on Law Number 11 of 2008 concerning Electronic Information and Transactions (ITE Law). This research employs a normative juridical method with statutory and conceptual approaches. The data used are secondary data obtained through library research, including primary, secondary, and tertiary legal materials. The data are analyzed qualitatively using a descriptive-analytical method to provide a systematic understanding of the research problem. The results show that SMS fraud is regulated under several legal provisions, including the Indonesian Criminal Code (KUHP) and the ITE Law, particularly Articles 28 paragraph (1), 35, 45 paragraph (1), and 51 paragraph (1). Law enforcement against such crimes is carried out through pre-emptive, preventive, and repressive approaches. The pre-emptive approach focuses on increasing public legal awareness, the preventive approach involves supervision and crime prevention, while the repressive approach emphasizes strict legal actions against offenders. This study concludes that the effectiveness of law enforcement against SMS fraud largely depends on the synergy between adequate legal regulations, the professionalism of law enforcement officers, and active community participation. Therefore, strengthening the legal system and improving digital literacy among the public are necessary to reduce the occurrence of technology-based crimes.