Pertanggung jawaban Pidana Pelaku Penipuan Online yang Menggunakan Nama Shopee di Indonesia

Abstract

The rapid development of information technology has significantly increased the use of e-commerce platforms while also creating opportunities for various forms of cybercrime, including online fraud committed by exploiting the Shopee name for unlawful financial gain. This study aims to analyze the criminal liability of perpetrators of online fraud using the Shopee name in Indonesia. This research employs a normative legal research method with statutory, conceptual, and case approaches. The legal materials consist of primary, secondary, and tertiary legal sources, which are analyzed qualitatively. The findings indicate that perpetrators of online fraud using the Shopee name may be held criminally liable when all elements of the criminal offense have been fulfilled, the offender possesses criminal responsibility, fault is established, and no justifying or excusing grounds exist. Based on the analysis of Sengkang District Court Decision Number 80/Pid.Sus/2021/PN Skg, the panel of judges found the defendant legally and convincingly guilty of committing electronic fraud and imposed criminal sanctions in accordance with the applicable laws. The decision demonstrates that criminal liability is based on the fulfillment of the elements of the criminal offense, supported by lawful evidence and legal facts established during the trial.