Fraud

Fraud is an act that aims to deceive other people in a dishonest or fraudulent manner, with the aim of obtaining unlawful gain or profit. There are various forms of fraud, including financial fraud, fake newspaper fraud, internet scams, identity theft, and many more.

Fraud can harm victims financially, emotionally, or even physically. Victims of fraud may lose money or property, as well as experience other losses such as wasted time and effort to recover the losses suffered. In addition, fraud can also cause stress, fear, and anxiety in victims.

Therefore, fraud is considered a detrimental and unlawful act. The law in many countries regulates fraud and provides severe sanctions for perpetrators of fraud.

In Indonesia, the elements of fraud are regulated in Article 378 of the Criminal Code (Criminal Code). This article states that a person can be considered to have committed a criminal act of fraud if they meet the following elements:

  • There is a misleading act or elimination of deception regarding something important. The act
  • is carried out with the intention of deceiving other people.
  • The deceived person hands over something of value (either in the form of money or goods) or promises to hand it over.
  • The deceived person suffered material or immaterial losses.

Thus, to be considered to have committed a criminal act of fraud in Indonesia, a person must commit an act that misleads or deceives another person, with the aim of obtaining profits or goods from the victim. In addition, the victim must suffer material or immaterial losses, such as losing money, property, or a good reputation.

Theft

In Indonesia, the elements of theft are regulated in the Criminal Code (KUHP) are as follows:

  • There is an act of taking goods. This act can be in the form of taking goods directly, seizing or taking away other people's goods.
  • The goods taken must belong to another person. The goods must be owned by another person who is not the perpetrator of the theft. If the perpetrator steals his own property, then the act cannot be considered theft.
  • There is no permission or consent from the owner of the goods. The perpetrator of the theft does not have permission or consent from the owner of the goods taken.
  • Intent to commit theft. The perpetrator must have the intent or purpose to take another person's property without permission or consent.

If all four elements are met, then the act can be categorized as theft and will be punished in accordance with the applicable provisions in criminal law in Indonesia.