Legal Analysis Regarding Donation Fraud Through Online Media

: Indonesia already has regulations in place to regulate digital fraud matter, but these regulations have not been able to accommodate current needs. The novelty in this research is that this research discusses current issues where fraud is carried out using sophisticated technology, namely through cyberspace, even fraud can also be carried out for the reason of a good cause, namely making a donation. The purpose of this study is first, to analyze the laws governing online donation fraud. Second, to identify cases or phenomena regarding fraud that occur online and resolve these cases. then through this research can produce a recommendation or legal solution will be found in overcoming the online fraud case. The method in this study is normative juridical which uses a statutory approach consisting of laws, namely Law Number 9 of 1961 concerning Collection of Money or Goods, Government Regulation Number 29 of 1980 concerning Implementation of Contribution Collection. Then the data collection technique is through literature studies and studies through fraud cases that have occurred. Based on the results of the research, it was found that online donation fraud cases are currently being tried using the criminal law code and the law on information and electronic transactions. However, the two regulations have different elements of fraud and sanctions. Even though Indonesia has a regulation that specifically regulates the collection of donations, however, these two regulations do not regulate the forms of donations that can be made online.


Asep
Setiawan, "Online Media Needs to Improve Itself," medcom.id,2020, https://www.medcom.id/pilar/kolom/Wb70Wyak-media-onlineperluberbenahdiri?utm_source=apps_android&utm_medium=share&utm_campaign=share.Based on this, the development of social media use in Indonesia is considered very fast and high.With the large and high use of social media, there are various interests that must be protected legally.This was triggered by the many legal cases that occurred through social media, such as levying levies or collecting donations using online methods.According to data obtained from the Charitable Aid Foundation regarding the World Giving Index in 2018, Indonesia is ranked first as the country that gives the most donations. 9 Regarding the procedures for collecting donations online, it is regulated in Article 5 paragraph (1) PP Number 29 of 1980 concerning the Implementation of Donation Collection.
This regulation emphasizes that the procedures for collecting donations can be carried out with various conditions, namely collecting funds can be done through holding performances, bazaars in the form of sales, making a charity box placed in public places.Based on these regulations, the procedures for collecting donations that are carried out online do not meet the requirements as specified in these regulations.

DISCUSSIONS 1. The Phenomenon of Contribution Fraud Through Online
At present the crimes that occur cannot be categorized as physical crimes only, but crimes are currently also experiencing developments along with the flow of modernization of life.Ikka believes that in the world of the Internet, the potential for criminals to commit crimes is enormous and very difficult to detect because the people in this virtual world are mostly fictitious or the identities of individual persons are not real. 13Fraud that occurs in the cyber world today can be done in various ways, ranging from simple to complex.Fraud in a simple way, for example by sending fake news or acting as someone else illegally and committing fraud via the internet while complex ones can be seen from the workings of actors who are in groups or have networks. 14aud according to article 378 of the Criminal Code by Moeljatno as follows: "Anyone who intends to benefit himself or other people unlawfully by using a false name or false dignity ( hoednigheid ) by trickery, or series of lies, moving others to submit something 11 Teguh Firmansyah, "Police Reveal Fraudulent Contribution of Funds for the Central Sulawesi Earthquake," Republika, 2018, https://news.republika.co.id/berita/pgg5a9377/polisi-besar-penipuan-sumbangan-dana-untukgempa-sulteng. to him, or to give a debt or something writing off receivables, threatened with fraud, with a crime maximum imprisonment of four years".
There are several elements of criminal acts of fraud also stated by Togat as follows: 15 a.The element of moving others is actions, either in the form of actions or words that are deceptive.
b.The element of giving up an object.Giving up something does not have to be carried out directly by the person who is deceived to the person who is deceiving.In this case the surrender can also be made by the deceived person to the envoy of the deceiving person.c.Only in this case, because of the intentional element, does it matter the element of surrender must be a direct result of the efforts made by the fraudster.
d.The element of using a false name.The use of this fake name will occur if someone mentions the name of a name that is not his name, resulting in receiving the goods that must be handed over to the person whose name was mentioned earlier.
e.The element of wearing false dignity.With false dignity is meant to mention himself in a state that is not true and which causes the victim to believe in him, and based on the belief that he surrenders an item or gives a debt or writes off a receivable.
f.The elements of using deception and the elements of a series of lies.The element of deception is a series of words, but rather an act that in such a way that the act creates trust in other people.While a series of lies is a series of lying words or words that are contrary to the truth which gives the impression as if what was said was true.
Based on previous research, donations that are not transparent are vulnerable to fraud.
Summarized from Aristiana's study, many respondents looked at trust on a site/application donations have a big impact.This is because Trust is something that insiders believe in use of this technology.If things don't form to believe, people will also doubt the use of this technology, so The impact will not attract interest in using donations/zakat digital.This study also adds that the Millennial generation aged 22-25 years, interested in paying zakat or donations through the platform digital.Especially if they have sufficient understanding of digital donations and trusting related institutions as mediators payment via online. 16e following are some cases of fraud committed through online donations:  In the mass spam messages Kaspersky found, fraudsters disguised themselves as victims of a conflict, and pretended to seek financial assistance for their families.With the banks closed, they requested money transfers via Bitcoin and left Bitcoin wallet addresses. 17 Based on the phenomenon or case of online donation fraud, there are a number of things that must be considered, namely related to the requirements in imposing criminal responsibility on the perpetrators of online fraud crimes, namely the fulfillment of all elements of the crime and the purpose of the act can be proven that it was deliberately carried out under the circumstances aware that the act is reprehensible by law.
378 of the Criminal Code regulates that there are 2 (two) elements of fraud, namely the element objectively, namely the act of actuating, it is the person who is moved, the purpose of the act is to hand over objects, give and write off receivables.As for the subjective element, which consists of the intention of the act is to benefit oneself and or others, by breaking the law.
In addition to the provisions in the Criminal Code, there are also elements regulated in Article 28 paragraph (1) of the ITE Law, namely objective elements consisting of the act of spreading, what is spread is fake and misleading news.From this act a constitutive consequence arises, namely consumer losses in electronic transactions.Then the subjective element which consists of the element of error, namely deliberately carrying out the act of spreading false and misleading news which results in consumer losses in electronic transactions, against the law without rights.

Legal Review Regarding Contributions Through Online Media
Humans are social beings who are essentially always in touch with each other.
Humans have an instinct of compassion for others so they have the awareness to help others.Help or assistance can be given in various forms and ways.Assistance can be given in the form of money or goods, by way of face-to-face contact between the giver and recipient, or by means of collecting donations.Along with the development of technology, methods of giving donations are currently supported by internet-based technology, namely through the platform.Through this platform, potential donors can see who are the parties who need assistance, and can follow up on giving donations or channeling funds to the intended party.
For example, in Indonesia there is the platform Kitabisa.com,Aksi Fast Responsive and so on. 18ndraising or requesting donations can be found easily in various parts of Indonesia.Historically, it is known that charitable institutions progressed from 1870 to 1900.17 CNN Indonesia, "Beware of Ukrainian Online Donation Fraud Sites, Can Steal Money and Data," 2022, https://www.cnnindonesia.com/technology/20220316183222-192-772245/waspada-penipuan-donasi-onlineukraina-sitescan-steal-money-and-data.
The progress of this donation action is also influenced by the existence of teachings in religion.The influence of religious teachings is very strong on values in society.This has an influence on the cultural system which incarnates in various sacred symbols originating in religion. 19ndraising or donation actions are currently growing rapidly.One of the developments is the method of collecting donations, which is currently carried out online.
Online media has positive and negative sides for society.The positive side is that information is personal, can be accessed by anyone, anywhere, while the negative side is that online media must use computers and internet devices which are quite expensive and not all regions of Indonesia have a good internet network.
There are several things that form the basis for a person's consideration in deciding to use online transaction services, one of which is the perception of a company's security.
The security factor is one of the things that will be considered as the basis for someone to make a decision to use online transaction services. 20Apart from being related to security perceptions, one of the factors that usually makes someone decide to use a service is the ease of use of the system, does not rule out the possibility of levels the complexity of using the service makes a potential user of the service decide not to continue or use the service if that system applied is fairly complicated and difficult to understand, because of the understanding of each candidate users are definitely different.
Then the next factor is the level of religiosity which is one of the factors that will be tested for its influence on the decision to donate.Indonesia is a country where the majority of its citizens are Muslims, of course, in carrying out their daily activities, many Indonesian collecting donations made using the online method.This is understandable because the regulation was formed at a time when technological developments had not progressed rapidly.However, it can be seen that the law is no longer relevant to the current conditions.This is of course a separate legal problem, especially for online donations.
Fraud cases committed via online media have also been regulated in Article 378 of the Criminal Code regarding fraud carries a maximum sentence of four years.The current method of fraud is through online media.Because the fraud method used is using online media, it can also be referred to Law Number 11 of 2008 concerning Electronic Information Technology.specifically regulated in Article 28 paragraph 1 and Article 45 paragraph 2 which stipulates that if you spread false news you can be subject to a maximum sentence of six years in prison.
In this case, it is necessary to reform the law.So that legal renewal can be binding and have legal force that is certain so that order in society can be achieved, it is necessary legal certainty. 21The rule of law should be neutral towards individual and group interests, but must be in favor of a sense of justice in society.The law is tasked with protecting its citizens from discriminatory treatment.The rule of law in order to better guarantee the aspect of certainty, it is necessary to formulate products of statutory regulations.The rule of law must be clear and consistent so as not to confuse citizens.An uncertain law certainly does not have binding force, and this is something bad.
a. Fraud on the pretext of donations in the name of Malang City Government Having circulated on Whatsapp on (8/3/2021), a fraudulent message on behalf of the Financial Staff of the Malang City Government, Agus Budiono, was initiated by an actor.Reporting from the official website of Kominfo , in the message the person 15 Syawal Amry Siregar and Kristofel Ablio Manalu, "Legal Study of the Crime of Fraud Based on Debts and Receivables," Rectum Journal 3, no. 1 (2021).
gave a grant as a form of donation from the City Government of Malang, to one of the Qur'an Education Places (TPQ).Even though it has been confirmed that the City Government does not have any donation assistance programs for Islamic boarding schools or TPQ at all.This is clearly a form of fraud.Head of the Malang City Communication and Information Service ( Diskominfo ), Muhammad Nurwidianto asked the public to always be aware of various modes of fraud under the pretext of donations.b.Under the guise of a donation, this fraud is in the name of the KPK Based on information from Okezone.com, there was an update in the fraudulent mode of fundraising or requests for donations under the guidance of Wakaf Lailatul Qadar , citing names of institutions and officials of the Corruption Eradication Commission (KPK).KPK spokesperson Ali Fikri said on Sunday (9/5/2021) quoted by Okezone.com, that it has been confirmed that the KPK has never worked with other parties regarding fundraising.Apart from that, both the KPK as an institution and as individual leaders, the Supervisory Board ( Dewas ), and even employees, are prohibited from asking for donations.They finally appealed to the public to always be careful, to re-verify the truth regarding the KPK, and to report to law enforcement officials if there are parties who claim to be part of the KPK and then ask for donations.c.Online donations for victims of the Russian and Ukrainian conflictsThe Russia-Ukraine conflict is being used as a cover for fraud by online fraudsters who exploit the goodwill of people who donate.Online fraudsters not only steal money, but also user credentials.The conflict between Russia and Ukraine has caught the attention of many people, including those who have good intentions to help the affected victims.Throughout the past week, Kaspersky researchers have observed an increase in fraudulent activity marked by the appearance of various fake donation websites spreading on the web.This kind of fraudulent activity claims to divert funds from legitimate organizations.Donation scams are not new, they are generally held in response to disasters or emergencies.This time, the Ukrainian conflict has become the 'mask' of these fraudsters.Kaspersky researchers reported many phishing pages impersonating donations and charity sites.Online fraudsters not only steal users' money and credentials, but they also profiteer the names of legitimate organizations from these donations.Most of these pages do not contain sufficient information about the organizer of the fundraiser, the recipient of the donation, or other documents proving the legitimacy of their activity.The only thing a user can do when visiting the page is donate.The website also does not explain how the organization will disburse funds.Despite the lack of information, online fraudsters ensure that donors can transfer money easily and comfortably, including the option of transferring money from credit cards and crypto wallets.Another sign of a fraudulent donation site is the use of 'situation pressure' tactics, such as stressing urgency and using highly emotional language.
people use the principles of Islam.In terms of regulating fundraising actions or donations, Indonesia already has a set of regulations to accommodate this.The regulation in question is regulated in Law Number 9 of 1961 concerning the Collection of Money or Goods.In addition, it is also regulated in implementing regulations, namely Government Regulation of the Republic of Indonesia Number 29 of 1980 concerning Implementation of Contribution Collection.According to this regulation, the collection of donations has the meaning that "Collection of donations is any effort to obtain money or goods for development in the social welfare, mental/religious/spiritual, physical, educational and cultural fields, as referred to in Article 1 of Law Number 9 Year 1961 concerning Collection of Money or Goods".As well as the meaning of efforts to collect donations, namely "all programs, efforts and activities in collection of donations".Article 4 explains "The purpose of collecting donations is to support activities in the 19 Mohammad Holis, "Construction of Donation Seeking Communities on Highways (Case Study of Mosque Charity Searches on Highways, Pamekasan Regency)," NUANSA: Journal of Islamic Social and Religious Research 14, no. 1 (2017), https://doi.org/10.19105/nuansa.v14i1.1313.20 Dhimas Muhammad Zulfian, "Factors that Influence the Decision to Donate Online Through Financial Technology Crowdfunding Platforms" (2020); Dyah Citra Harina, "Legal Politics of Reforming Law Number 9 of 1961 Concerning the Collection of Money or Goods in Philanthropic Activities in Indonesia," Lex Renaissance Journal 4, no. 1 (2020): 179, https://doi.org/10.20885/JLR.vol4.iss1.art10.fields of: social; education; health; sport; religion/spirituality; culture; other areas of social welfare; which do not conflict with laws and government programs in the field of social welfare.Then in article 5 it is explained about the technique of collecting donations.Collection of donations can be organized by: holding a show; holding a bazaar; sale of goods by auction; selling invitation cards to attend a show; sale of charity stamps; distribution of lists (lessons) of charity; sale of donation coupons; placement of donation boxes in public places; sale of goods/materials or services at a price or payment that exceeds the actual price; sending blank money orders to solicit donations; request directly to the person concerned in writing or verbally.Based on these regulations, Law Number 9 of 1961 concerning Collection of Money or Goods and Government Regulation of the Republic of Indonesia Number 29 of 1980 concerning Implementation of Contribution Collection are no longer relevant to the current conditions where technological developments have changed the way of human life including in terms of providing donation.Donations can currently be made through online media, whereas in Law Number 9 of 1961 concerning Collection of Money or Goods and Government Regulation of the Republic of Indonesia Number 29 of 1980 concerning the Implementation of Collection of Contributions it does not accommodate the technique of 22 21 Harina, "Legal Politics of Reforming Law Number 9 of 1961 Concerning the Collection of Money or Goods in Philanthropic Activities in Indonesia."Tanya, Bernard L. Legal Theory of Human Orderly Strategy Across Space and Generations .Yogyakarta: Genta Publishing, 2012.Zulfian, Dhimas Muhammad."Factors That Influence the Decision to Donate Online Through Financial Technology Crowdfunding Platforms," 2020.

Table 1 . Use of Social Media in 2017-2026 No Tahun Presentase
The perpetrator's method of opening a donation account.These perpetrators take advantage of advanced technology to deceive potential victims.The police confiscated the perpetrator's equipment, namely a laptop, one tablet, seven cellphones, 13 internet modems and dozens of SIM card providers which were changed to deceive the victim . 11Based on this background, there are 2 (two) problem formulations, namely first, what is the phenomenon of fraud cases that occur online and what is the right solution to resolve these cases ?