Implementation Of Criminal Punishment By Public Prosecutors In Combating Gambling In The Jurisdiction Of The Sidoarjo District Attorney's Office Study Of Decision Number: 827/Pid.B/2023/Pn Sda

Abstract

Online gambling cases have quite a lot of dealers and customers because they are easy to do with electronic media. Gambling has been prohibited in Article 303 and Article 303 Bis of the Criminal Code, regulations governing gambling must be adjusted to the needs of the community as regulated in Article 27 paragraph (2) of the ITE Law. This article analyzes the differences in the implementation of the articles in the indictment of the Sidoarjo District Court decision Number: 827/Pid.B/2023/PN Sda in the Gambling case. The implementation of criminal penalties by the Public Prosecutor still reveals inaccuracies in the application of articles, particularly in determining the role of legal subjects. Article 303 of the Criminal Code and Article 27 paragraph (2) of the ITE Law are basically aimed at legal subjects who act as bookies, sellers, or parties who offer and provide gambling. Meanwhile, parties who only act as players are subject to the provisions of Article 303 Bis of the Criminal Code. The use of articles that do not correspond to the defendant's actions, such as the application of articles that should be aimed at organizers to online gambling players. Thus, the Public Prosecutor must be able to analyze in detail the facts related to the chronology of the defendant's actions so that the implementation of the gambling article can be applied to the defendant correctly.