PENERAPAN KETENTUAN PASAL 42 UNDANG-UNDANG NOMOR 10 TAHUN 1998 TENTANG PERBANKAN DALAM PENYIDIKAN TINDAK PIDANA PENIPUAN MELALUI MEDIA ELEKTRONIK DI SUBDIT V DIREKTORAT RESERSE KRIMINAL KHUSUS KEPOLISIAN DAERAH RIAU

Abstract

The crime of fraud through electronic media is one of the cyber crimes that exist
today, and the regulation related to this crime has also been regulated in Article 28
Paragraph (1) of the Law on Electronic Information and Transactions. However, the
enforcement of the regulation can be considered less than optimal because during the
handling, especially during the investigation, there are several obstacles that occur, and one
of these obstacles is due to the existence of Article 42 of Law Number 10 of 1998 concerning
Banking which causes obstacles to an effective investigation process. The main problems in
this research are: How is the application of Article 42 of Law Number 10 of 1998
concerning Banking in the investigation of criminal acts of fraud through electronic media
in Subdit V of the Special Criminal Investigation Directorate of Riau Police; What are the
obstacles faced by investigators of Subdit V of the Special Criminal Investigation
Directorate of Riau Police in applying the provisions of Article 42 of Law Number 10 of
1998 concerning Banking in investigating criminal acts of fraud through electronic media;
What efforts are made by investigators of Subdit V of the Special Criminal Investigation
Directorate of Riau Police in applying the provisions of Article 42 of Law Number 10 of
1998 concerning Banking in investigating criminal acts of fraud through electronic media.
The type of research conducted is sociological legal research conducted at Sub
Directorate V of the Special Criminal Investigation Directorate of Riau Police. The data
sources used are primary data and secondary data. The data collection techniques used are
interviews and literature review. The data is then analyzed which is descriptive, evaluative
and prescriptive to be concluded using a deductive method of thinking.
The results of this research are the application of Article 42 of Law Number 10 of
1998 concerning Banking in the investigation of criminal acts of fraud through electronic
media in Subdit V of the Special Criminal Investigation Directorate of Riau Police in the
investigation of criminal acts of fraud through electronic media, where the regulation arises
if the investigator wants to disclose information related to bank secrets, especially
information about customers.
Keywords: Application - Crime - Fraud - Electronic Media