PENEGAKAN HUKUM TINDAK PIDANA PERJUDIAN ONLINE DI KEJAKSAAN NEGERI GRESIK

Abstract

Online gambling is a gambling crime that has developed alongside advances in information technology. The rise in online gambling cases demands active prosecution by the Public Prosecutor as stipulated in Article 137 of the Criminal Procedure Code (KUHAP). This study analyzes the implementation of prosecution in online gambling cases by the Public Prosecutor at the Gresik District Attorney's Office and identifies the obstacles and efforts involved. The study uses an empirical legal research method with a sociological juridical approach, with data obtained through interviews with the Functional Prosecutor, the Head of the General Crimes Section, and correctional assisted citizens previously involved in online gambling cases. Results show that prosecution of online gambling cases at the Gresik District Attorney's Office has been carried out in accordance with Article 137 KUHAP, through the stages of receiving the SPDP, reviewing case files, providing instructions (P-19), determining P-21, transferring suspects and evidence (Phase II), preparing indictments, transferring cases to court, and preparing demand letters. Obstacles include investigators' limited capacity for electronic-based cases, damaged electronic evidence, difficulty linking digital evidence to perpetrators' identities, and low public legal awareness. Efforts include coordination with investigators, use of Forensic Laboratory results, prosecutor training, and internal Focus Group Discussions.

Keywords: Online Gambling, Prosecution, Public Prosecutor.