Criminal Liability for Fraud through Short Message Service (SMS) by Children

Abstract

This research aims to discover the criminal responsibility of the crime of fraud by spreading spam via SMS by children and its handling. This research uses the empirical method, which in this case uses field data such as the results of interviews and observations as the main data. The results of this study indicate that criminal liability for fraud by spreading spam via SMS by children in Sidrap Regency is based on Article 7 section (1) of Law Number 11 of 2012, namely by being returned to parents/guardians after diversion efforts by investigators. The handling is in the form of pre-emptive efforts, namely socialization and repressive efforts, namely imposing warning and criminal sanctions. Based on this research, it is suggested that the Legislative Body form a law that regulates criminal liability for children who commit criminal offenses other than imprisonment or return to parents, which can provide a strong deterrent effect but can also be more beneficial for the child’s life in the future. It is also suggested that the Police improve their performance in overcoming the criminal offense of fraud by spreading spam through SMS committed by children.