PEMENUHAN UNSUR “MATA PENCAHARIAN” DALAM PASAL 303 AYAT (1) KE-3 KUHP TERKAIT TINDAK PIDANA PERJUDIAN ONLINE (STUDI PUTUSAN NOMOR 334/PID.B/2022/PN TPG)

Abstract

The development of online gambling offenses raises various new problems in law enforcement in Indonesia, particularly concerning the interpretation of the element of “livelihood” in Article 303 paragraph (1) number 3 of the Criminal Code. This research analyze the appropriateness of the “livelihood” element in the case of selling chips in Higgs Domino game and to study the legal implication of not fulfilling the elements of the article used in a decision. This research is normative legal research with a statutory approach, a case approach, and a conceptual approach. The research results indicate that the element of “livelihood” in Article 303 paragraph (1) point 3 of the Criminal Code contains the requirements of continuity, pattern, and being the main source of income. Inconsistency application of the article in the decision creates legal implication that the decision can be declared null and void. The legal action that can be taken to recify the decision is a judicial review. Another simpler step is thru the examination of the decision. The decision is considered valid until there is a ruling from higher court stating otherwise. Thus, law enforcement agencies, particularly judges, must be moe careful in using articles and handing down decisions.