Legal Analysis of Decision Number 1018/PID/2023/PT MDN in the Online Gambling Case

Abstract

Objective: This study aims to examine legal issues related to the application of Article 303 of the Criminal Code -Criminal Code in conjunction with Article 55 of the Criminal Code in cases of organized online gambling, as reflected in the Medan High Court Decision Number 1018/PID/2023/PT MDN. This study is aimed at evaluating the effectiveness of conventional criminal law norms in responding to the development of information technology-based crimes and the construction of criminal liability for online gambling providers.

Theoretical Framework: This study is based on criminal law doctrine regarding the elements of gambling offenses, criminal liability theory, and the concept of complicity (medeplegen), relying on the paradigm of legal positivism. This theoretical framework is used to examine the systematic and extensive interpretation of criminal law norms in judicial practice.

Method: This study uses a normative legal research method with a case approach. Data was obtained from primary legal materials in the form of legislation and court decisions, as well as secondary legal materials including criminal law literature and scientific journal articles. The analysis was conducted using qualitative-descriptive methods.

Results and Discussion: The results of the study show that the panel of judges focused on the substance of the act by interpreting the provision of online gambling facilities and infrastructure as a form of providing opportunities for unlicensed gambling. The application of Article 55 of the Criminal Code confirms criminal liability for perpetrators who play a strategic role in organized crime.

Research Implications: These findings have implications for strengthening criminal law enforcement policies against online gambling and provide a reference for judicial practices in handling cybercrime

Originality/Value: This study makes a new contribution through an annotative analysis of court decisions that link classical criminal law norms to the concrete practice of online gambling.

Keywords: online gambling, Article 303 of the Criminal Code, criminal liability online.