Legal Analysis of Decision Number 110/Pid.B/2021/PN KPH Concerning the Criminal Act of Fraud Using the Online Arisan Scheme

The development of information technology has changed the patterns of social and economic interaction in society, providing convenience while also opening up opportunities for criminal acts, particularly fraudulent online social gatherings (arisan). Decision Number 110/Pid.B/2021/PN Kph is important to study because it reflects the application of criminal law to electronic-based crimes characterized by numerous victims and significant losses. This research focuses on the implementation of criminal law regulations and the judge's considerations in the decision. This study uses a normative legal method with a statute
approach and a case approach. Legal materials were obtained through literature review and analyzed qualitatively using a deductive method, linking legal norms to the trial facts in the decision. The results indicate that the judge's application of Article 378 of the Criminal Code was appropriate because the element of fraud was legally proven. However, the punishment imposed is deemed not to reflect justice and expediency, considering the magnitude of the losses, the number of victims, and the lack of restitution for the victims. In conclusion, the application of criminal law in the decision is partially effective, because it only fulfills the aspect of legal certainty, but is not optimal in realizing justice, benefit, and deterrence.

Keywords: Online Arisan, Criminal Law, Fraud