Mofea, Sukhebi
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Journal : IJLRSA

Juridical Analysis of Electronic Transaction Information Crime Against Gambling Mofea, Sukhebi; Tamara, Beggy; Apriliyanto, Ardinal
The International Journal of Law Review and State Administration Vol. 1 No. 1 (2023): July - August : The International Journal of Law Review and State Administratio
Publisher : PDPI (Perkumpulan Dosen Peneliti Indonesia)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58818/ijlrsa.v1i1.47

Abstract

The research objective is. To find out the legal rules regarding gambling crimes. To find out the Decision of the Tangerang District Court at No. 794/Pid.Sus/2018/PN.Tgn. For perpetrators of ITE crimes against gambling crimes. Analyze the obstacles to law enforcement and efforts to address them. The research method uses a normative legal approach qualitatively, as a system based on principles, norms, and regulations that become stipulations and court decisions. Conclusion with legal norms on criminal acts of gambling crimes in accordance with Articles 303 and 303 bis of the Criminal Code, Law no. 7 of 1974. Criminal control of gambling crimes. Proof can be analyzed by Judges from the Tangerang District Court. Decision No. 794/Pid.Sus/2018/PN.Tgn. Considering the validity of the facts and norms that were revealed in the trial, the statements obtained from witnesses and from the testimony of the accused as well as evidence became a conviction for the Judge. So that the defendant has been proven and convincingly guilty of committing a crime. Obstacles in enforcing legal norms for perpetrators of online gambling crimes through internal means. Still lacking in understanding and mastery of ITE. And lacking facilities for searching for evidence, and how to track servers accessed by online gambling managers.
Juridical Analysis In Implementing Criminal Sanctions Against Gambling In Tangerang District Mofea, Sukhebi; Komariah, Mamay; Saptudin, Fajar
The International Journal of Law Review and State Administration Vol. 1 No. 1 (2023): July - August : The International Journal of Law Review and State Administratio
Publisher : PDPI (Perkumpulan Dosen Peneliti Indonesia)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58818/ijlrsa.v1i1.51

Abstract

This study aims to discover the legal consequences of gambling crime and the Judge's considerations in deciding case number (2364/PID.B/2020/PN.TNG) regarding the corruption of gambling, which causes anxiety for the community. This research method uses a normative description approach according to the concept, legal basis, and legislation. Observation data collection techniques to research locations by observing actual events. Interviews with related parties, prosecutors, judges, lawyers, and defendants. Documentation studies include archives, electronic media containing gambling-related news, and archives. The research results conclude that the Defendant has been legally and convincingly proven guilty of committing the crime of gambling. That Defendant, in carrying out the Pakong and Togel type of gambling, did not have a special way to win the gambling game because it was only chance, and the Defendant placed the Pakong and Togel gambling without permission from the authorities.