Ketentuan Pidana Terhadap Pengecer Perjudian Toto Gelap Hongkong (Studi Putusan Nomor 96/Pid.B/2024/Pn Mdn)

Abstract

Gambling Hongkong dark toto (Togel), has become a pervasive social issue in Indonesia, leading to detrimental effects on public morality and mental well-being, and fueling criminal activities. Despite strict prohibitions, gambling practices continue to thrive clandestinely, often driven by the perception of it as a shortcut to wealth. This phenomenon underscores the urgent need for effective and efficient law enforcement. This research aims to analyze the legal regulations concerning dark toto gambling offenses, identify parties accountable for criminal liability, and evaluate the judge's considerations in imposing sanctions on Hongkong dark toto gambling retailers, using Verdict Number 96/Pid.B/2024/PN MDN as a case study. The research employs a normative juridical method, utilizing statutory and case approaches. Secondary data, including laws, court verdicts, legal textbooks, and academic journals, were collected through library research and analyzed qualitatively.The findings indicate that dark toto gambling offenses are regulated under the Criminal Code (Articles 303 and 303 bis), Law Number 7 of 1974 concerning Gambling Control, and Law Number 1 of 2024 concerning the Second Amendment to Law Number 11 of 2008 concerning Electronic Information and Transactions (if conducted online). Hongkong dark toto gambling retailers can be held criminally liable based on Article 303 paragraph (1) item 1 of the Criminal Code in conjunction with Article 2 of Law Number 7 of 1974, as they are proven to meet the elements of intent and criminal accountability. The judge's considerations in Verdict Number 96/Pid.B/2024/PN MDN took into account trial facts, evidence, and the fulfilled elements of the primary indictment, as well as aggravating and mitigating circumstances, resulting in a 2-year prison sentence for the defendant. However, this relatively light sanction is deemed insufficient to create a deterrent effect, highlighting the necessity for more stringent law enforcement and comprehensive prevention efforts to eradicate gambling in Indonesia.