research

PENERAPAN PASAL 303 KUHP TERHADAP TINDAK PIDANA PERJUDIAN ONLINE DALAM SURAT DAKWAAN DITINJAU DARI ASPEK KEPASTIAN HUKUM (Kajian Putusan Nomor : 278/Pid.B/2020/PN Tsm).

Abstract

Gambling is one of the criminal offenses. Gambling is contained in Article 303 paragraph (1) of the Criminal Code. Along with the development of technology and information. Crimes are committed using computers or other electronic media. An example is about online gambling in Article 27 paragraph (2) of Law number 11 of 2008 concerning ITE. One of the criminal procedure processes is prosecution according to Article 1 point 7 of the Criminal Procedure Code. In prosecution, the preparation of indictments must be prepared carefully, clearly and completely. In accordance with the applicable acts and regulations, gambling cases occur in the Tasikmalaya District Court Decision with Decision Number 278/Pid.B/2020/PN Tsm. the question is whether the indictment in the decision is in accordance with the acts and regulations? and what are the juridical consequences that occur? The purpose of this study is to determine whether the indictment in the Tasikmalaya District Court Decision with Decision Number 278/Pid.B/2020/PN Tsm. Has been in accordance with the actions and laws and regulations. As well as knowing how the juridical consequences are. This research uses normative juridical method by using statutory approach and case approach. This research was analyzed prescriptively. The results of this study indicate that the indictment is not in accordance with the act because the indictment is Article 303 paragraph (1) to 1 of the Criminal Code

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