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CATFISHING DALAM PERSPEKTIF HUKUM POSITIF INDONESIA

Atika Zahra Nirmala ; Ayu Riska Amalia ; Nunung Rahmania ; Zahratul’ain Taufik (2023) — Jurnal el-Qanuniy Jurnal Ilmu-Ilmu Kesyariahan dan Pranata Sosial

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DOI: 10.24952/el-qanuniy.v9i1.7731 (opens in a new tab)

Country:   Indonesia
Tags:   Catfishing, Electronic Information Law, False Identity, Indonesian Criminal Law, Online Fraud, Romance Scams, Social Media
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Synopsis

            
This neutral synopsis summarizes the publication Catfishing dalam Perspektif Hukum Positif Indonesia (2023) by Atika Zahra Nirmala, Ayu Riska Amalia, Nunung Rahmania, and Zahratul’ain Taufik. The study undertakes normative juridical analysis to examine how catfishing is treated within Indonesia’s positive law, using statutory and case-law approaches and descriptive qualitative methods. It frames catfishing as a cyberspace fraud that relies on a fake or stolen identity to cultivate a romantic or emotional relationship, with the objective of extracting money or goods from the victim. The authors also situate catfishing within broader cybercrime dynamics, noting its emergence alongside rapid technological growth and pervasive social media use. In their discussion, the authors argue that Indonesia, at the time of writing, does not have a dedicated cyber-law statute specifically for catfishing, but that catfishing can be addressed under existing provisions. They analyze Penipuan (fraud) under KUHP, particularly Article 378, and the Information and Electronic Transactions Law (UU ITE, Law No. 19/2016 as amended)—specifically Article 35 in conjunction with Article 51(1). The paper also considers the newer KUHP draft (Article 492) and its parallels to the traditional fraud elements, highlighting that the new formulation retains core elements such as using a false name or position, employing deceit, and inducing the victim to part with goods or money. The authors illustrate these points with Indonesian cases and parliamentary notes, and they cite international and doctrinal sources to illuminate the definitional scope of catfishing and related deceit. The study emphasizes two primary victim groups and describes modus operandi such as initiating contact via calls, video chats, or shared media, followed by requests for money or goods. It also presents empirical references, including a multinational study indicating substantial exposure to catfishing and a notable Indonesian instance involving large monetary loss. The authors conclude that while a dedicated cyber-law is lacking, catfishing can be accommodated within existing criminal and cyber provisions, though they acknowledge the evolving nature of cybercrime and the need for legal adaptation. The publication discusses implications and limitations by noting gaps in explicit cyber-crime regulation and the ongoing development of Indonesian penal code reform.

          

        
                  

            
Identified Gaps

            
Indonesia has no specific cyberlaw or catfishing-specific provision, despite technological and social-media crime continuing to develop. The article identifies a legal-adaptation gap: emerging technology-enabled offense patterns may not be expressly regulated even though general criminal provisions can be applied.

          

        
                  

            
Methods

            
This normative juridical legal study uses statutory and case approaches. It examines the Criminal Code, the amended Electronic Information and Transactions Law, and catfishing cases reported in online media. Primary and secondary legal materials were collected through document and literature study, then inventoried, classified, and analyzed using descriptive-analytic qualitative legal analysis.

          

        
                  

            
Limitations

            
The study is doctrinal and relies on legislation, literature, and online-media case material rather than primary data from victims, offenders, police, courts, or platforms. Its conclusions concern the legal fit of catfishing within Indonesian statutes, not the prevalence of catfishing, enforcement outcomes, victim experiences, or the practical effectiveness of the cited provisions.

          

        
                  

            
Future Work

            
Future research could assess whether the existing Criminal Code and ITE Law provisions are effective in practice for investigating and prosecuting catfishing, given the absence of a cyberlaw specifically regulating this offense.

          

              

    
    

        
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