Analisis Yuridis Pertanggungjawaban Pidana Phishing dan Akses Ilegal dalam Perbankan Digital

Abstract

The transformation of digital banking in Indonesia has significantly improved the efficiency of financial transactions; however, it has also introduced serious threats in the form of cybercrimes, particularly phishing and illegal access, which are increasingly complex and organized. This study aims to analyze the legal framework and the implementation of criminal liability for perpetrators of phishing and illegal access in digital banking in Indonesia, as well as to identify juridical challenges in law enforcement. This research employs a normative legal method using statutory, conceptual, and case approaches, examining the Undang-Undang Informasi dan Transaksi Elektronik, Undang-Undang Perlindungan Data Pribadi, and the Indonesian Criminal Code. The results indicate that the regulation of phishing and illegal access remains fragmented and does not explicitly recognize phishing as an independent criminal offense, resulting in legal uncertainty in practice. The implementation of criminal liability faces several challenges, including difficulties in proving the element of intent due to the use of anonymous technologies, jurisdictional limitations in cross-border cases, and limited capacity of law enforcement authorities in handling digital evidence. Furthermore, phishing in practice constitutes part of a series of interconnected criminal acts leading to illegal access to banking systems. This study highlights the need for adaptive legal reform, the strengthening of technology-based law enforcement, and the enhancement of digital banking security systems to ensure effective legal protection for society in the digital era.