TINJAUAN YURIDIS PERATURAN PELAKU (PEMAIN) TINDAK PIDANA PERJUDIAN SECARA ONLINE (Studi Putusan Nomor 2657/Pid.Sus/2021/PN.Sby)

Abstract

Gambling is a game that is profitable and there are bets in it. This act has existed or has been going on for a long time, over time many countries have banned gambling, one of which is Indonesia. Regulations related to the prohibition of gambling are regulated in the Criminal Code Article 303 paragraph (1) and 303 bis Section (1). Marked by technological advances, making this crime a form of cybercrime where regulations related to cybercrime are in Law Number 11 of 2008 which has currently undergone 2 changes. The two regulations have differences even though they regulate the same criminal acts. Therefore, it requires a meticulousness in distinguishing regulations about gambling. As the researcher found the decision of the Surabaya District Court Number 2657/Pid.Sus/2021/PN.Sby, where the defendant only played gambling games as a non-dealer player but was judged to meet one of the elements in Article 27 Section (2) of the ITE Law (the first amendment to Law Number 19/2016). This research was conducted using a normative juridical method with a focus on the problem to be discussed, namely related (problem formulation). Later, researchers in analyzing the verdict will be carried out with a law, case and concept approach. The result of this research is that the decision  of the Surabaya District Court Number 2657/Pid.Sus/2021/PN. Sby where the actions of the defendant Adhienata Putra Deva did not meet the elements of the Article charged by the public prosecutor.