“COMPUTER CRIME, UNAUTHORIZED BANK FUND TRANSFER”
In dealing with this modern-style theft (money) case, the Supreme Court (MA) has expanded the understanding of the elements in the theft offense:
– “The element of taking the goods”, besides being done physically, can also be done without touching the goods taken (through the transfer of an electronic payment system)
– “Element with the intention of owning”, can be interpreted that with the completion of the transfer through the Electronic Payment System (EPS) and entered into a person’s account in a bank, even though it has not been disbursed in the form of cash, then the element: “with the intention of owning” has been fulfilled.
– This case is a “new style theft offense” by utilizing technological advances in the banking sector which commonly uses computer equipment, which in advanced industrial society is known as: computer crime – crime using computer as a tool of theft.
Supreme Court Decision No. 1852 PK/Pid/1988, dated December 21, 1988
Regards,
Fredrik J. Pinakunary