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Catfishing, Is it Unregulated Crime in Indonesia?

Nikita Shaqilla ; Yahia Reda (2024) — Neoclassical Legal Review: Journal of Law and Contemporary Issues

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DOI: 10.32734/nlr.v2i2.13733 (opens in a new tab)

Type:   Journal Article
Country:   Indonesia
Tags:   AI-Enabled Fraud, Catfishing, Cross Cultural, Cybercrime, Fake Identities, Identity Fraud, Indonesia, Indonesia Law, Legal Regulation, Online Dating, Prevention, Sexual Violence, Social Media, Teenagers
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Synopsis

            
Catfishing is presented as a form of international cybercrime, yet it lacks a clear definition within Indonesia’s national legal framework. The practice involves using false identities on the internet and can be treated as fraud. The article explores the legal consequences that arise in personal relationships from engaging in online fraud. Guiding the inquiry is a normative juridical approach complemented by empirical data, with the study posing questions about why teenagers engage in catfishing on social media and what legal complexities accompany such behavior. The analysis centers on how young people participate in catfishing and the resulting legal intricacies. It reveals that a striking majority—99 percent of respondents—consisting of teenagers both inside and outside North Sumatra Province, lack awareness regarding catfishing issues in the context of building online relationships. By employing a normative legal lens alongside empirical observations, the study illuminates how gaps in understanding contribute to the broader risk landscape. The findings emphasize the disjunction between theoretical legal constructs and real-world online practices, underscoring ambiguities confronting policymakers, legal practitioners, and educators when addressing deceptive online behavior among youth. A key point is that this category of fraud frequently arises at the stage of social media registration, serving as an entry point for catfishing and the subsequent legal offenses. In particular, the work notes that such acts can trigger liability under fraud provisions regulated in Article 378 of the Indonesian Criminal Code. The discussion suggests that the intersection of identity manipulation, harm in interpersonal relationships, and statutory rules creates a complex environment for enforcement and guidance. Overall, the research characterizes catfishing as a borderless form of online fraud with tangible implications for personal relationships and a challenging legal landscape that would benefit from clearer, more coherent guidance within Indonesia’s jurisprudential framework.

          

        
                  

            
Identified Gaps

            
Catfishing is not explicitly recognized as a distinct crime in Indonesian law, despite being treated through fraud, electronic-information, personal-data, and sexual-violence provisions. The paper identifies a need for clearer national treatment and more effective enforcement, particularly where psychological or emotional manipulation may not fit conventional fraud or threat-based offenses.

          

        
                  

            
Methods

            
The study used a normative juridical approach supplemented by a Google Form survey of youths inside and outside North Sumatra. North Sumatra respondents comprised 71.7% and were aged 12–24; respondents outside the province comprised 28.3% and included university, senior-high-school, and junior-high-school students. The analysis combines survey percentages on social-media and matchmaking-app identity use with legal analysis of Indonesian statutes.

          

        
                  

            
Limitations

            
The survey sample is geographically concentrated in North Sumatra (71.7%) and its total size, recruitment process, and questionnaire measures are not reported in the supplied text. Results are self-reported and descriptive, limiting inference about prevalence, causation, or generalizability to all Indonesian teenagers. Much of the discussion draws on secondary examples and sources from outside Indonesia rather than documented Indonesian catfishing cases.

          

        
                  

            
Future Work

            
Develop and evaluate early catfishing-risk education and coordinated parent, teacher, and government supervision for adolescents. Improve the effectiveness of Indonesian law enforcement and awareness-raising regarding online risks faced by teenagers.

          

              

    
    

        
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