PENERAPAN SANKSI PIDANA TERHADAP PELAKU TINDAK PIDANA PENIPUAN PEMBELIAN TIKET KONSER MELALUI PLATFORM ELEKTRONIK

Abstract

Advances in information technology have led to an increase in cases of fraud related to the purchase of concert tickets through electronic platforms, resulting in significant financial losses for consumers. This study aims to analyze applicable legal provisions, the application of criminal sanctions by judges, and the Islamic legal perspective on such criminal acts. The research method used is normative jurisprudence with a juridical approach, based on secondary data analyzed qualitatively. The results of this study indicate that the regulation of criminal sanctions is governed by several legal systems, namely Article 492 of the Criminal Code (Law No. 1 of 2023), as well as Article 28(1) in conjunction with Article 45A(1) of the ITE Law, which functions as lex specialis containing provisions for harsher penalties. The imposition of sanctions by judges is based on legal considerations regarding the proof of criminal elements as well as non-legal considerations regarding factors that may aggravate or mitigate the punishment.

Keywords: ITE Law; Criminal Sanctions; Concert Tikets; Online Fraud