PEMIDANAAN TERHADAP PELAKU TINDAK PIDANA PEMBOBOLAN DATA PRIBADI (PHISING) (PUTUSAN NOMOR: 958/PID.SUS/2020/PN.PBR)

Abstract

Phishing is intentionally and without rights or against the law by any means transferring or transferring electronic information and/or electronic documents to another person's electonic system without authorization. This criminal act is regulated in Article 32 Paragraph (2) of the ITE Law. One of the phishing cases is Decision Number: 958/pid.sus/2020/PN.Pbr with the mode of creating a fake website and sending it to e-mail with the aim of stealing credit card data, and then selling the data. Problem formulation (1) What is the punishment for perpetrators of criminal acts of personal data breach (Phishing) in Decision Number: 958/Pid.Sus/2020/PN/Pbr? (2) What are the judge's considerations in imposing a crime on the perpetrator of the criminal act of breaching personal data (Phishing) in Decision Number: 958/Pid.Sus/2020/PN.Pbr. This research is normative legal research. The data source used is secondary data consisting of primary secondary and tertiary legal materials. Data collection techniques use document study. And the data was analyzed qualitatively. Conclusion: (1) The punishment for perpetrators of the criminal act of breaching personal data in Decision Number: 958/Pid.Sus/2020/PN.Pbr is in the form of imprisonment for 1 year and 2 months in prison and a fine of IDR 20,000,000, subsidiary to 1 month in prison. The judge imposed a minimum sentence. (2) The judge's considerations consist of juridical considerations, namely the Prosecutor's Indictment, Prosecutor's Charges, Evidence, Evidence. Non-juridical considerations are aggravating matters and mitigating matters.