ANALISIS YURIDIS PUTUSAN HAKIM NOMOR 154/Pid. B/2020/ PN Tpg TENTANG PENIPUAN ARISAN ONLINE BERDASARKAN ASAS LEX SPECIALIS DEROGAT LEGI GENERALI

Abstract

The decision of the Tanjungpinang District Court Class IA, as can be seen in Decision Number 154/Pid.B/2020/PN Tpg, which was decided on July 20, 2020. Observing the case, the Public Prosecutor gave an alternative charge, namely the first indictment based on the provisions of Article 378 of the Criminal Code as a criminal act of fraud and the second charge based on the provisions of Article 372 of the Criminal Code as a crime of embezzlement. The application of the legal principle of Lex Specialis Derogat Legi Generali and article 63 paragraph (2) of the Criminal Code is not carried out by the law enforcer. The formulation of the problem in this How judges consider in deciding case Number 154 / Pid.B / 2020 /PN Tpg About Online Arisan Fraud and How is the application of the Lex Specialis Derogat Legi Generali principle in the decision Number 154/Pid.B/2020/PN Tpg concerning the Online Arisan Fraud. The method used is a qualitative analysis method, for this type of research using normative legal research and astatute approach. Based on this research, it can be concluded that the judge's consideration in deciding thesocial gathering fraud case online, the judge adheres to theprinciple ultra petita and the application of criminal law in case number 154/Pid.B/2020/PN Tpg is not appropriate. Thesocial gathering fraud case online in the city of Tanjungpinang did not prioritize Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Information and Electronic Transactions. The public prosecutor in formulating the indictment must pay attention to the applicable legal principles and techniques in the application of the indictment by the public prosecutor to obtain legal certainty.