ANALISA YURIDIS PENYALAHGUNAAN INTERNET UNTUK TINDAK PIDANA PENIPUAN BISNIS ONLINE DI INDONESIA (BERDASARKAN PASAL 378 KITAB UNDANG-UNDANG HUKUM PIDANA DAN PASAL 28 UNDANG-UNDANG NOMOR 11 TAHUN 2008 ITE)

The advancement of technology and information since the advent of the internet has become a development in human confrontation. Ease of access makes people or certain parties who are not responsible harm others. Crime that often occurs in the internet media is a fraud with the name of online business by using the internet media. Internet utilization also has a negative impact, with the onset of online crime. The research questions are : (1) How is the arrangement of online business fraud criminal act under section 378 of KUHP and UU Number 11 Year 2008 ITE? (2) How is the relationship between criminal act of fraud under section 378 of the Criminal Code and Law Number 11 Year 2008 regarding ITE? This research uses normative juridical approach. Based on the results of research, the arrangement of criminal acts of online business fraud contained in the Criminal Code Article 378 and Article 28 of Law Number 11 Year 2008 on Information and Electronic Transactions can be a legal conflict that could lead to legal dysfunction which means the law can not fulfill the function of giving guidelines for community behavior, social control, and dispute resolution to create justice and legal certainty in the community. Answering the legal dysfunction of the criminal act of fraud, can use one of them by applying the legal principle or doctrine lex specialis derogat legi generalis. It is suggested for law enforcement officers to improve understanding of legal performance in preventing online business fraud and for the public to be more careful in an online-based business to prevent it from happening again in the future