Law Enforcement Against the Practice of Advertising Fraud in Indonesia: A Review from the Aspect of Indonesian Criminal Law

Yahman, Yahman and Sumaryanto, Djoko and Herlina, Herlina and Judijanto, Loso and Zulaiha, Habibah and Gussman, Angga Aldilla and Riady, Yasir (2024) Law Enforcement Against the Practice of Advertising Fraud in Indonesia: A Review from the Aspect of Indonesian Criminal Law. Pakistan Journal of Criminology, 16 (4). pp. 1035-1043. ISSN 2074 - 2738 (print), 2222 - 6648 (online)

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Abstract

Advertising is used as a common marketing strategy by various companies and individuals to promote their products or services to potential consumers. However, it is not uncommon for advertising to contain illegal and fraudulent activities that can cause harm to users through misdirection. In the act of advertising fraud, it is necessary to analyze the application of articles in the Criminal Code (KUHP) which regulates the concept of concursus in criminal law. The purpose of this study is to explain, identify and analyze the applicable legal framework, penalties imposed and law enforcement against advertising fraud in terms of criminal aspects. This research uses a normative juridical method by using a statutory approach (state approach), case approach (case approach), comparative approach (comparative approach), conceptual approach (conceptual approach). Based on the results of the research, advertising that deceives and harms consumers is an illegal act known as fraud and can be subject to the provisions in Article 378 of the Criminal Code. Article 379 of the Criminal Code stipulates that if as a result of the fraudulent act, a person suffers a loss, then the perpetrator of fraud may be subject to a more severe punishment. The provisions in the Criminal Code are used to protect the public from acts of fraud, and are expected to reduce the incentives of individuals, groups or other parties to commit fraud and provide a deterrent effect for the perpetrators.

Item Type:	Article
Additional Information:	Pakistan Journal of Criminology ISSN 20742738, 22226648 SJR Q2 2022-2023
Uncontrolled Keywords:	Fraud, Advertising, Criminal Law
Subjects:	K Law > K Law (General) > Criminal Law K Law > Criminal Law K Law > K Law (General) > Civil Law K Law > Civil Law
Divisions:	Faculty of Law > Bachelor of Law > Magister of Law Faculty of Law > Magister of Law
Depositing User:	Perpus Ubhara Surabaya
Date Deposited:	02 Dec 2024 03:02
Last Modified:	02 Dec 2024 03:30
URI:	http://eprints.ubhara.ac.id/id/eprint/2797

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