Legal Consequences for Perpetrators of Love Scamming – AJHSSR

Legal Consequences for Perpetrators of Love Scamming

Legal Consequences for Perpetrators of Love Scamming

ABSTRACT: Love scamming is a form of cybercrime classified as computer-related fraud and is carried out through the construction of fictitious digital personas, emotional approaches, and psychological manipulation to induce victims to transfer money or provide other benefits. In Indonesia, the trend of love scamming cases shows an increase, with financial losses reaching tens to hundreds of millions of rupiah, accompanied by psychological impacts such as trauma, shame, and loss of trust. However, to date, there is no specific regulation governing love scamming as a distinct criminal offense, so its handling relies on a combination of provisions in the Criminal Code (KUHP) and sectoral regulations. This study aims to analyze the legal regulation of love scamming within the Indonesian legal system and to identify the forms of criminal sanctions that may be imposed on perpetrators. The research method employs normative legal research with statutory, conceptual, and case approaches. Primary legal materials include the Criminal Code (KUHP), the Electronic Information and Transactions Law (UU ITE), the Personal Data Protection Law (UU PDP), the Anti-Money Laundering Law (UU TPPU), as well as court decisions related to online fraud; secondary materials consist of literature and institutional reports; and tertiary materials serve as terminological reinforcement. The results show that the regulation of love scamming remains fragmentary, primarily relying on Article 378 of the Criminal Code and provisions of the Electronic Information and Transactions Law (Article 28 paragraph (1) and Article 35 in conjunction with Article 51), with the possible application of the Sexual Violence Crimes Law (UU TPKS), the Personal Data Protection Law, and the Anti-Money Laundering Law depending on the elements of the act. Normatively, criminal sanctions are available in a tiered manner, but their effectiveness is constrained by challenges in digital evidence, limited forensic capacity, and the absence of specific sentencing standards.

KEYWORDS: Love Scamming, Romance Fraud, Cybercrime, Electronic Information And Transactions Law (UU ITE), Criminal Sanctions, Indonesia