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A Juridical Review of Love Scam Crimes from the Perspective of Criminal Law and the Electronic Information and Transactions Law in Indonesia

Adnan, I. (2025) — AL-BALAD : Jurnal Hukum Tata Negara dan Politik Islam

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DOI: 10.59259/ab.v5i1.246 (opens in a new tab)

Type:   Journal Article
Country:   Indonesia
Tags:   AI-Enabled Fraud, Criminal Law, Cybercrime, Digital Literacy, Indonesia, Ite Law, Love Scam, Psychology, Restitution, Romance Scams, Uu Ite, Victim Protection
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Synopsis

            
This is a normative/doctrinal legal study. It systematically examines positive legal norms, legal principles, and relevant legal doctrine concerning the handling of love scams in Indonesia, focusing on criminal law and the Electronic Information and Transactions Law (UU ITE). When conducted through electronic media, the paper considers love-scam offenders chargeable under Article 28(1) in conjunction with Article 45A(1) of the ITE Law. Love scams involve establishing a false online romantic relationship to obtain financial gain or victims' personal information. The study is doctrinal rather than empirical, so it does not present original victim, offender, police, court, or platform data.

          

        
                  

            
Identified Gaps

            
Indonesia has no law specifically regulating love scams. The paper identifies inadequate victim protection in practice: limited compensation/restitution, low legal and digital literacy, stigma-driven underreporting, limited investigator technical capacity, and weak international cooperation against cross-border offenders. Existing KUHP provisions are described as insufficient for the crime’s full technical and digital dimensions.

          

        
                  

            
Methods

            
This is a normative/doctrinal legal study. It systematically examines positive legal norms, legal principles, and relevant legal doctrine concerning the handling of love scams in Indonesia, focusing on criminal law and the Electronic Information and Transactions Law (UU ITE). It compares applicability of the old KUHP, the new KUHP (Law No. 1/2023), and the UU ITE to love-scam conduct and victim protection.

          

        
                  

            
Limitations

            
The study is doctrinal rather than empirical, so it does not present original victim, offender, police, court, or platform data. Its assessment of reporting, enforcement capacity, victim harms, and case escalation is therefore based on legal analysis and cited background rather than measured outcomes. The discussion also indicates practical enforcement barriers, particularly false identities, overseas offenders, and foreign servers, but does not evaluate their frequency or the effectiveness of specific responses.

          

        
                  

            
Future Work

            
Evaluate how restorative measures, restitution, and victim-support mechanisms can be implemented for love-scam victims. Assess mass digital legal-literacy education and stronger cross-border enforcement coordination to improve reporting, detection, and case handling.

          

              

    
    

        
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