Tightening Loose Ends in Eradicating Card Fraud: Reviewing card skimming case verdict in Denpasar, Indonesia

摘要

Open codification system obligates the law enforcement aware of the special rule outside Criminal Code. Sometimes failure to do so happens. This paper reviews a court decision of a skimming case in Indonesia. The method is reviewing the court decision, provide special law and the reasoning that applicable to the case. The court used Article 363 Indonesia Criminal Code in card skimming case. In Indonesia criminal law proceeding, the court verdict based on the articles used in the indictment, which is based on investigation process, and judge are restrained by them. The review aims to determine the application of the law for similar case in the future and provide legal reasoning as reference for the law enforcement. The review uses statute and conceptual approach of normative legal study. The finding is the investigator since the beginning did not had adequate awareness of the skimming-related deterring norm in Law 11/2008, therefore binds the judge in law application. The law enforcement should use Law 11/2008 instead, to eradicate crime in securing information communication technology convergence regime.