Annotation: Number 1018/PID/2023/PT MEDAN

Abstract

Objective: This study aims to analyze the legal considerations of the judge in the Medan High Court Decision Number 1018/PID/2023/PT MDN, particularly in assessing the fulfillment of the elements of a criminal act and the imposition of criminal liability on the defendant who acted as a provider of facilities in online gambling activities based on Article 303 of the Criminal Code.

Theoretical Framework: This research analysis is based on the doctrine of criminal liability and functional interpretation in criminal law, which emphasizes the actor’s actual role and contribution to the occurrence of a crime, not merely the actor’s formal position.

Method: This research uses a normative juridical method with a descriptive-analytical specification. The approaches used include the statutory approach to examine the provisions of Article 303 of the Criminal Code and the case approach by analyzing the ratio decidendi in the court decisions under review. Legal materials were obtained from legislation, court decisions, and relevant legal literature, which were then analyzed qualitatively using a deductive thinking pattern.

Results and Discussion: The research results show that judges apply Article 303 of the Criminal Code broadly and adaptively, emphasizing that parties who provide facilities, systems, or act as intermediaries in online gambling can still be held criminally responsible. Intent, continuity of actions, and the aim of obtaining economic gain are the main considerations for judges.

Research Implications: This study provides insight into the direction of court interpretation in handling technology-based gambling crimes and enriches the study of criminal law in the digital era.

Originality/Value: This study offers a specific examination of judges' legal considerations in assigning criminal responsibility to online gambling service providers, which has been relatively limited in previous research.