Criminal Liability for Technology-Based Digital Investment Fraud in Indonesia: Challenges of Evidence, Mens Rea, and Corporate Accountability

Vollständiger Abstract

Worum geht es in dieser Arbeit?

The rapid advancement of digital technology has transformed investment activities through technology-based platforms, providing easier public access while creating opportunities for digital investment crimes. These crimes commonly involve fraudulent investment schemes, fictitious digital platforms, and technological manipulation aimed at deceiving victims. This study examines digital investment crime from the perspective of criminal law, focusing on the development of digital investment practices, technology-based fraud schemes, and criminal liability for both individual and corporate offenders. The research applies a normative legal method using statutory, conceptual, and case approaches, supported by primary, secondary, and tertiary legal materials, analyzed descriptively and qualitatively. The findings reveal that digital investment crimes are complex, transnational, and difficult to detect because perpetrators exploit technological sophistication to conceal identities and activities, thereby complicating evidentiary processes. As a novelty, this article proposes an integrated criminal liability framework that combines the Indonesian Criminal Code, the Electronic Information and Transactions Law, the Anti-Money Laundering Law, OJK regulations, and the principle of mens rea to assess criminal responsibility in digital investment fraud. The study concludes that combating digital investment crime requires adaptive legal frameworks, stronger law enforcement, and enhanced public literacy.