Analisis Budaya Hukum Terhadap Tindak Pidana Perjudian Sabung Ayam (Studi Kasus Di Wilayah Hukum Polrestabes Medan)

Abstract

Cockfighting gambling is considered a form of social illness that poses a real or potential threat to social norms and public order. This study aims to analyze whether cockfighting gambling has become part of the legal culture within the jurisdiction of the Medan Metropolitan Police. The research focuses on three main issues: (1) how cockfighting is regulated as a criminal act of gambling under Indonesia's positive legal system, (2) how society perceives cockfighting as a habitual practice, and (3) how legal culture influences the practice of cockfighting gambling in the Medan jurisdiction.

This study uses a normative-empirical legal research method with a prescriptive approach, combining statute and conceptual approaches. Both primary and secondary data were collected through literature reviews and field research, including interviews and document studies. The data were then analyzed qualitatively with deductive reasoning.

The findings indicate that while cockfighting is often viewed as a part of legal culture, it actually constitutes an illegal act under Indonesian law due to its gambling elements. Provisions regarding gambling are stipulated in Articles 303 and 303 bis of the Indonesian Criminal Code (KUHP), as well as Law No. 7 of 1974 on the Control of Gambling. Public perception initially associated cockfighting with cultural entertainment. However, in the jurisdiction of the Medan Metropolitan Police, it is no longer recognized as a cultural tradition but rather as a gambling activity driven by chance. Legal culture analysis reveals that externally, specific communities are prohibited from engaging in cockfighting with gambling elements, while others play a role in monitoring and discouraging such activities. Internally, law enforcement must actively enforce the law and uphold legal norms. This internal and external synergy is essential in strengthening the legal culture regarding cockfighting gambling.