ANALISIS HUKUM PEMIDANAAN TERHADAP TINDAK PIDANA PEMBOBOLAN ANJUNGAN TUNAI MANDIRI (ATM) DENGAN MENGGUNAKAN TEKNIK SKIMMING BERDASARKAN UNDANG-UNDANG NOMOR 11 TAHUN 2008 TENTANG INFORMASI DAN TRANSAKSI ELEKTRONIK DI INDONESIA

Abstract

In Indonesia, the number of skimming crime cases is still relatively high,
the first skimming case appeared in 2009. With the number of ATM users in
Indonesia reaching 143.1 million and the ATM transaction value reaching
Rp3,526 trillion as of July 2017, Indonesia has become an easy target for crime.
skimming. Moreover, if the ATM security system is still low and customer
knowledge about safe transactions is still lacking. In the period 2011-2017, cases
of ATM burglary by skimming continued to increase. In 2015 alone, in Indonesia
there were around 1,549 cases of skimming or 1/3 of skimming cases in the world.
The purpose of writing this thesis: First, to find out how to regulate the criminal
law against the perpetrators of breaking into the Tunia Mandiri Pavilion through
skimming. Second, to find out how the ideal concept of punishment for
perpetrators of burglary Automated Teller Machines through skimming
techniques in the future.
The type of research used in this legal research is normative legal
research. the approach used by the researcher is a normative juridical approach.
Analysis of the data used is the author analyzes the data qualitatively. In drawing
conclusions the author uses the method of deductive thinking.
JOM Fakultas Hukum Universitas Riau Volume IX Nomor 1 Januari- Juni 2022 Page 2
From the results of the study, first, regarding the legal regulation of
punishment for perpetrators of ATM burglary through skimming, it can be said
that it is not optimal, there has been a spike in skimming crimes from year to year
along with technological developments. It is proven that from 2018 to 2019 there
have been 306 cases of skimming with 90% of the perpetrators being foreigners
and the amount of loss is very large. As in the case of Firdaus Theody, Alfonsos
Agung Rianto, Putu Rediarsa and many others. One of the reasons is because the
sanctions are very small and are classified as ambiguous in their implementation.
In the absence of a special phrase regarding the crime of skimming in the article
applied and the absence of special minimum sanctions, causing the imposition of
sanctions received by the skimming perpetrators to be disproportionate to the
losses incurred. As a result, the perpetrator does not receive the maximum
deterrent effect from the crime. Second, the ideal concept of punishing ATM
burglary perpetrators through skimming techniques in the future, namely by
optimizing criminal policies with penal and non-penal means, penal facilities such
as crime prevention efforts using criminal means, and criminal policies with nonpenal means which means efforts to overcome crime. crime without committing
criminal law. In comparison, regarding the skimming case that occurred in the
United States that, if a person who unlawfully uses a scanning or reencoding
device with the intent to deceive will be guilty, including in the third degree of
crime, punishable by a maximum of 5 years for the first offense and for the second
offense and subsequently sentenced to a maximum of 15 years in prison.
Keywords: Skimming –Crime In Bangking- Criminalization