Criminal Liability for Perpetrators of Love Scamming in the Perspective of Positive Law and Islamic Criminal Law

Abstract

Technological development has significantly facilitated various aspects of human life; however, it has simultaneously generated new forms of crime in cyberspace, one of which is love scamming. Love scamming generally refers to a romance-based fraud in which offenders manipulate victims through fabricated emotional relationships and expressions of affection to illicitly obtain money or other benefits. This study examines the criminal act of love scamming from the perspectives of Indonesian positive criminal law and Islamic criminal law. It employs a normative juridical approach using a comparative analytical framework. The findings reveal that positive law emphasizes the formal elements of fraud offenses, offender accountability based on codified legal provisions, and the application of lex generalis, even when the crime is committed through electronic media. Meanwhile, Islamic criminal law highlights the role of niyyah (intention), moral accountability, social impact, and public interest in determining sanctions (ta‘zīr), with flexibility in sentencing according to the level of offender involvement and victim losses. Comparatively, both legal systems share aligned objectives, namely the protection of property, deterrence, and justice for victims. The study concludes that the principles of flexibility and public benefit embedded in Islamic criminal law may offer normative insights for the development of national legal policy in addressing emerging digital crimes.