TINJAUAN YURIDIS DAN SOSIOLOGIS TINDAK PIDANA PENIPUAN JUAL BELI ONLINE MELALUI ECOMMERCE SHOPEE (Studi Penegakan Hukum Undang-Undang Informasi dan Transaksi Elektronik Nomor 19 Tahun 2016 di Polres Malang)

Abstract

This research aims to determine criminal acts of online e-commerce buying and selling fraud from a sociological and juridical perspective, looking at the legal regulations that are still in force and how the police are trying to deal with cases of online e-commerce buying and selling fraud. obstacles faced when resolving cases of online e-commerce buying and selling fraud. This type of research is descriptive qualitative research with data collection methods through observation, interviews and documentation. The data analysis used is descriptive qualitative. Based on the research results, it can be concluded that (i) The forms and elements that occur in e-commerce applications can be qualified as criminal acts of online buying and selling fraud, namely by falsifying shop names, using fake data to carry out buying and selling or transactions between sellers. and buyers, resulting in fraud between the seller and the buyer, where the package sent does not match what was ordered, paying for services outside the application for various reasons. (ii) Law enforcement is carried out in handling cases of online buying and selling fraud, namely by using the 2016 Electronic Information and Transaction Law, Article 28 paragraph (1) and Article 45A paragraph (1), and Article 378 of the Criminal Code, Article 379 of the Criminal Code. In carrying out law enforcement, the obstacles or obstacles found in handling criminal acts of buying and selling fraud are that the police have difficulty finding the main perpetrators which causes a lot of losses experienced by victims