Analisis Penerapan Hukum dalam Surat Dakwaan Jaksa Penuntut Umum Batal Demi Hukum pada Perkara Tindak Pidana Judi Online (Studi Putusan Nomor 1907/Pid.Sus/2024/Pn.Mdn)

Abstract

Cybercrime in the form of online gambling has grown rapidly across all levels of Indonesian society and has become a serious problem in Indonesia. Online gambling is easily accessible to everyone through electronic media and the internet. The methods of accessing online gambling mean that the legal regulations governing online gambling and conventional gambling are different. However, in practice, there are still law enforcement officials, particularly public prosecutors, who mistakenly apply legal regulations to online gambling crimes. Decision Number 1907/Pid.Sus/2024/PN.Mdn is an example of law enforcement officials' mistakes in applying legal regulations to online gambling crimes. The problem formulation in this thesis discusses the legal regulation of online gambling crimes according to the criminal law system in Indonesia, the validity requirements for indictments and the forms of indictments, as well as an analysis of the public prosecutor's indictment that was declared null and void in Decision Number 1907/Pid.Sus/2024/PN.Mdn. This research uses a normative juridical research method with a legislative and case study approach, relying on secondary data from primary, secondary, and tertiary legal materials. The results of this thesis discussion show that, in general, the crime of gambling is regulated in Articles 303 and 303 bis of the Old Criminal Code and also Articles 427 and 427 of Law Number 1 of 2023 concerning the Criminal Code. However, in Indonesian criminal law, the regulation of online gambling crimes is specifically regulated in Article 27 Paragraph (3) in conjunction with Article 45 Paragraph (2) of Law Number 1 of 2024 concerning the Second Amendment to Law Number 11 of 2008 concerning Electronic Information and Transactions. An indictment has two (2) validity requirements, namely material validity and formal validity. The validity requirements for an indictment are regulated in Article 143 Paragraph (2) of the Criminal Procedure Code (KUHAP) and in the criminal justice system in Indonesia, an indictment has four (4) forms, namely single, subsidiary, alternative, and cumulative. The decision of the Panel of Judges in Decision Number 1907/Pid.Sus/PN.Mdn, which decided to acquit the defendant and return the indictment of the Public Prosecutor, was appropriate considering that the material validity requirements of the indictment prepared by the Public Prosecutor were not met, so that the Public Prosecutor's indictment gave rise to legal uncertainty (obscur libel).