Analisis Yuridis Mengenai Pertimbangan Hakim Dalam Putusan Tindak Pidana Perjudian Melalui Situs Online

(Studi Putusan Nomor : 2276/PID.B/2023/PN Sby)

Abstract

This study aims to determine the judge's considerations in the Surabaya District Court decision (Number: 2276 / Pid.B / 2023 / PN Sby) regarding the crime of gambling through online gambling sites. And to determine the criminal responsibility of perpetrators of gambling through online gambling sites according to Article 303 Paragraph (1) of the Criminal Code and Article 27 Paragraph (2) of Law Number 1 of 2024 ITE. The research method used is normative juridical with a case study approach. The results of the analysis show that the judge's considerations include aspects of proving the elements of the crime, valid evidence, and the subjective and objective conditions of the defendant. In addition, the judge also considered the social impact of online gambling and the role of the defendant in the crime. This study highlights the importance of consistent application of the law and the need to strengthen regulations in dealing with cybercrime, especially online gambling. The imposition of penalties in cases of online gambling crimes must be in accordance with applicable laws and punished according to the rules made without any reduction in the form of responsibility of the perpetrator.