Yurisdiksi Negara Indonesia Terhadap Kejahatan Transfer Dana Elektronik Menggunakan Modus Skimming Oleh Warga Negara Asing

Abstract

The legal position is very important as it regulates human behavior as economic actors and also as part of international legal subjects in performing legal acts. However, there are currently deviations that factually present various forms of crime, one of which is electronic funds transfer crime using the skimming modus operandi. Electronic funds transfer crime is not only aimed at stealing funds but also at users, disclosing, deleting, stealing, or damaging data, or intending to disrupt or damage the transfer system and its electronics. The electronic funds transfer system can also help conceal or move the proceeds of crime, so now money laundering is also done electronically. This research, using the normative juridical method, discusses cybercrime with a focus on jurisdictional issues. Cybercrime includes acts that disrupt electronic systems, acts that involve accessing electronic information, including illegal fund transfers through ATM hacking, where Indonesia refers to the territorial principle that emphasizes the place (locus delicti) as the basis for the application of law. Every person (citizen or foreign national) who threatens the security of the state or its citizens outside the borders of the country is subject to criminal provisions based on the principle of personality. (pasif). Against the perpetrator who is suspected of having committed the breach, Indonesia applies its jurisdiction by prosecuting under the ITE Law.