Nursarini Simatupang

Procedural Justice in the Criminal Enforcement of Illegal Online Lending through Electronic Evidence and Victim Protection

Introduction

Procedural justice in the criminal enforcement of illegal online lending through electronic evidence and victim protection. Examine procedural justice in criminal enforcement of illegal online lending. Focus on electronic evidence's role and lawful acquisition, plus vital victim protection against threats & data misuse.

Abstract

This study examines procedural justice in the criminal enforcement of illegal online lending through electronic evidence and victim protection. Illegal online lending does not merely raise issues of administration and consumer protection, but may also develop into a criminal offence when accompanied by threats, extortion, fraud, misuse of personal data, or dissemination of electronic information that harms victims. This study employs a normative legal research method using statutory, conceptual, case, and limited comparative approaches. The findings show that electronic evidence plays an important role in uncovering criminal acts related to illegal online lending because most perpetrators’ conduct leaves digital traces, such as threatening messages, communication recordings, screenshots, transaction histories, application data, and bank account numbers. However, electronic evidence must be obtained, secured, verified, and submitted lawfully in order to possess evidentiary value in criminal proceedings. In addition, victim protection must be positioned as part of a fair criminal process, as victims often suffer economic losses, psychological pressure, social threats, and misuse of personal data. This study affirms that procedural justice is necessary to balance the interests of law enforcement, victim protection, and respect for the rights of suspects. Keywords: illegal online lending, procedural justice, electronic evidence, victim protection, criminal procedural law.

Review

This study addresses the timely and critical issue of illegal online lending, moving beyond its administrative and consumer protection dimensions to analyze its manifestation as a criminal offense. The authors frame the problem within the context of procedural justice, specifically examining the roles of electronic evidence and victim protection in criminal enforcement. Employing a normative legal research methodology encompassing statutory, conceptual, case, and limited comparative approaches, the study sets out to explore the complexities of ensuring fairness in prosecuting these modern-day crimes. A significant contribution of this research lies in its detailed exposition of the crucial role electronic evidence plays in uncovering criminal acts related to illegal online lending. The abstract effectively highlights the pervasive digital traces left by perpetrators, such as threatening messages, transaction histories, and application data, which are indispensable for investigations. Crucially, the study emphasizes that for such evidence to hold evidentiary value in criminal proceedings, its acquisition, security, verification, and submission must strictly adhere to legal protocols. Furthermore, the research foregrounds the imperative of victim protection, acknowledging the severe economic, psychological, social, and data misuse harms suffered by victims, arguing that their safeguarding must be integral to a fair criminal process. Ultimately, this study compellingly affirms that procedural justice is indispensable for navigating the multifaceted challenges posed by illegal online lending. It argues for a delicate balance between the interests of law enforcement in prosecuting these offenses, ensuring comprehensive protection for victims, and upholding the fundamental rights of suspects. By shedding light on the procedural necessities surrounding electronic evidence and victim support, the research offers valuable insights for legal practitioners, policymakers, and scholars engaged in developing a just and effective response to this evolving criminal landscape.

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