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Love Scam: Sejauh Manakah Undang-Undang melindungi Mangsa Love Scam di Malaysia?

Zulkhafri, Siti Zalzaliza ; Abdul Manap, Nazura ; Rajamanickam, Ramalinggam (2026) — JURNAL UNDANG-UNDANG DAN MASYARAKAT

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DOI: 10.17576/juum-2026-3601-03 (opens in a new tab)

Type:   Journal Article
Country:   Malaysia
Tags:   Comparative Law, Cyber Fraud, Legal Protection, Love Scam, Malaysia, Penal Code, Romance Scams, Social Media, Victim Protection
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Synopsis

            
This legal-doctrinal study assesses how well Malaysian law protects victims of love scams. It analyzes legislation and prior cases, then compares Malaysian online-fraud law with approaches in Australia and the United Kingdom. The authors identify limits in Penal Code sections 415-424 for fraud conducted through computer systems and note the evidentiary burden under section 420 to prove deception, resulting property transfer, and dishonest intent. They also identify practical barriers including cross-border offenders, underreporting, limited technical capacity, and weak follow-up after complaints to the National Scam Response Centre. The paper uses these gaps to support proposals for stronger, more specific legal and institutional protection.

          

        
                  

            
Identified Gaps

            
Malaysia has no specific statute for love scams; cases are generally investigated under Penal Code provisions on cheating. These provisions may be poorly fitted to online fraud because prosecution must prove specific deception and dishonest inducement elements. The text also identifies incomplete victim protection, limited technical and enforcement capacity, cross-border perpetrator detection difficulties, low reporting, and an NRSC process that functions chiefly as a complaint centre without follow-up.

          

        
                  

            
Methods

            
This qualitative legal-doctrinal study analyses primary sources, including existing legislation and prior cases, alongside secondary literature such as journal articles, textbooks and dictionaries. It assesses the adequacy of Malaysian law in protecting love-scam victims and uses comparative analysis of Malaysian online-fraud law with laws in Australia and the United Kingdom to identify weaknesses and support legal-improvement proposals.

          

        
                  

            
Limitations

            
The paper indicates that existing Malaysian provisions, particularly Penal Code sections 415–424, have limited scope for online fraud and may not capture fraud conducted through computer systems without direct human deception. Section 420 prosecutions require proof of deception, property transfer caused by that deception, and dishonest/fraudulent intent. Enforcement is also constrained by cross-border offenders, limited local technical capacity, underreporting, and NRSC’s lack of follow-up after complaints.

          

        
                  

            
Future Work

            
Review Malaysian legal provisions to determine whether a specific love-scam offence or more tailored cyber-fraud provisions are needed. Future work should also examine victim-centred enforcement, proactive prevention, technical capacity, cross-border offender detection, and support for vulnerable victims. Comparative legal analysis with Australia and the United Kingdom can inform reforms.

          

              

    
    

        
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