Catfishing on Social Media: A Criminal Law And Islamic Criminal Law Analysis In Jambi
Ditasya Anisa Riani ; Ruslan Abdul Gani ; Maryani, Maryani (2026) — International Journal of Islamic Education, Research and Multiculturalism (IJIERM)
Type:
Journal Article
Country:
United Kingdom
Tags:
offender tactics, law enforcement, AI misuse
Methods:
interview, qualitative
AI-Generated Synopsis
This study analyzes identity fraud conducted through a romance scam on social media, approached from both criminal law and Islamic criminal law perspectives. The topic is framed within a rising digital landscape in which perpetrators manipulate personal identities to secure emotional or financial gains from victims. The authors aim to map Indonesia’s current legal framework governing identity fraud carried out via dating deception on social networks, to compare Islamic criminal law viewpoints on the same conduct, and to evaluate how effectively law enforcement operates within the jurisdiction of the Polda Jambi region. The research adopts a qualitative design that combines normative juridical and empirical elements, including a literature review, interviews with police officials from the Ditreskrimsus unit of Polda Jambi, and a comparative analysis between positive (state) law and Islamic criminal law. This multifaceted approach allows for a nuanced understanding of how different legal regimes interpret and respond to this modern crime. Findings indicate that identity fraud with a romance-motivated tactic is addressed in Indonesian law through multiple provisions: the standard fraud offense outlined in Article 378 of the Criminal Code, complemented by provisions in Article 28(1) read together with Article 45A(1) of the Information and Electronic Transactions Law, which collectively categorize the act as electronic-based fraud. Nevertheless, the practical application of these provisions faces obstacles, including difficulties in securing digital evidence, constrained capabilities of tracing tools, and complexities arising from cross-border jurisdiction. From the Islamic criminal law perspective, the act is categorized as a jarīmah ta‘zīr, a type of offense where the punishment is not fixed but may be determined by the judge's discretion to safeguard the welfare and interests of the community. This framing underscores a flexible penal approach in religious law that can adapt to the specifics of the case and the surrounding social harm. The study thus highlights a potential alignment or tension between statutory provisions and doctrinal Islamic considerations in shaping responses to online identity fraud. The research also assesses the effectiveness of law enforcement in the Polda Jambi jurisdiction, shedding light on practical impediments to prosecution in digital contexts and suggesting implications for policy and practice. Overall, the analysis contributes to a more comprehensive understanding of how Indonesia’s criminal and Islamic criminal law regimes address romance-based identity fraud on social media, and it points to areas where harmonization, resource allocation, and judicial discretion may enhance deterrence and protection of victims in the digital age.