KEJAHATAN INTERNET BANKING DALAM PERSPEKTIF KEBIJAKAN HUKUM PIDANA

Abstract

Internet banking crime is a part of modern crime that many time happened in Indonesia and causes a large number money lassed from the victim. But in our country there isn’t the specific rule related internet banking crime. If, the internet banking crime happened, is usually used article for the conventional crime in criminal law (KUHP) that isn’t suitable for the internet banking crime. The consequence is offender would have a little sanction in jail and there isn’t damages for the victims (customers). Base on the aforementioned background, this thesis have two aim, first to recite the principle of law protection of internet banking customer arrange in criminal law. Second, to analise how are formulate prevention of internet banking crime policy in criminal law. This thesis use normatif metode that applied conceptual approach and case approach that related with internet banking crime. This reseach give detail about two principle of law protection of customers. The principle are direct protection and indirect protection . Indirect protection as like the formulation of material of criminal in positive criminal law. Second, is direct protection as like demages that guaranteed by offender and bank. The formulation of material of internet banking rule in future should be change the concept into the new concept that suitable in condition of society and criminal too. The concept that change are concept of criminal sanction, demages, jurisdiction principle, passive and active nasionality principle , universal principle and criminal act that related with internet banking crime. Base on the changing of concept, I would compare two design of rule related internet banking crime. They are criminal law design in 2005 ( RUU tentag KUHP tahun 2005) and information technology and electronic trade design rule.