Politik Hukum Pidana dalam Upaya Penanggulangan Perjudian Online (Analisis Putusan Nomor 1018/Pid/2023/Pt Mdn)

Abstract

Online gambling as a crime that has developed along with advances in information technology, has serious impacts on social, economic, and legal aspects, so it requires special attention. The handling of this crime uses criminal law, which includes three main pillars: criminal acts, criminal liability, and punishment. These three aspects are determined through criminal law policy, namely state policy in the preparation, implementation, and enforcement of criminal law. Based on this, this study identifies three main problems: 1. How is the legal regulation of online gambling crimes in Indonesia? 2. How is the criminal law policy in efforts to combat online gambling crimes? 3. What is the role of criminal law policy in efforts to combat online gambling, especially in the analysis of Decision Number 1018/PID/2023/PT MDN. This study uses a descriptive normative legal research method. The approach methods used in this study are the statute approach method, the conceptual approach method, and the case study method. The data sources used through secondary data sources are: Primary legal materials, such as laws and regulations made by authorized institutions; Secondary legal materials, such as legal science books, legal journals, legal reports, and print and electronic media, such as legal dictionaries; Legal materials, such as Legal Dictionaries, Legal Encyclopedias, and other legal sources needed in writing this thesis. In this study, the data collection method was carried out by means of literature study, namely by using secondary data as a tool to strengthen the author's conclusions in concluding the problems studied. Online gambling has been regulated in several laws in Indonesia, including the Criminal Code (Law No. 1 of 1946), Law No. 11 of 2008 concerning Information and Electronic Transactions, and Law No. 8 of 2010 concerning Prevention and Eradication of Money Laundering. Combating online gambling is carried out through criminal law (penal policy) and prevention (non-penal policy). Decision Number 1018/PID/2023/PT/MDN, online gambling cases also involve money laundering. Law No. 8 of 2010 is used to increase the punishment by responding to money laundering as an independent crime that does not have to be proven directly in order to be punished. In addition, criminal law policy plays an important role in legal reform to adjust regulations to current and future developments in online gambling.