Penegakan Hukum Pidana terhadap Judi Online di Polda Sumatera Utara Kaitannya dengan Keabsahan Pembuktian Bukti Elektronik (Studi Pada Dit.Reskrimum Polda Sumut)

Abstract

ABSTRACT Based on the disclosure of the case by the Sub-Directorate III/Crime and Violence, General Crime Directorate of the North Sumatra Police, the types of online gambling carried out were soccer gambling and poker. In fact, there is an international network whose agents are in the city of Medan, North Sumatra. The article that is suspected of being the perpetrator of the crime is still using Article 303 paragraph (1) of the Criminal Code, not Law No. 11 of 2008 concerning Information and Electronic Transactions. In fact, according to the principle of "lex specialis derogat lex generalis", that special laws ("lex specialis") override general laws ("lex generalis"). In accordance with Article 63 paragraph (1) of the Criminal Code which is legally positive, it is also regulated by special criminal rules, so only the special ones are applied. In this case, the crime of online gambling has been regulated in Article 27 of the ITE Law which carries a penalty of six years in prison. Meanwhile, according to Article 303 paragraph (1) of the Criminal Code Jo. Law No. 7 of 1974 concerning Gambling Control, the threat of a gambling crime is ten years in prison. Based on preliminary research (preliminary research) regarding the online gambling system on online gambling sites that are currently rife among the public, and seeing the weaknesses of the Criminal Code regarding legal evidence in online gambling cases, plus there is still a regulatory vacuum regarding data collection procedures. electronic media as digital evidence in uncovering cases of online gambling crimes. This study will examine and analyze several things, namely: 1) criminal law enforcement against online gambling crimes at the North Sumatra Police; 2) the validity of electronic evidence in proving cases of online gambling crimes; and 3) the obstacles faced and the efforts made by Sub-Directorate III/Crime and Violence of the General Criminal Investigation Directorate of the North Sumatra Police in uncovering the online gambling crime. This type of research is normative research, with the nature of descriptive research. The approach used is the statutory approach. The data is sourced from secondary data which is called the source of legal material. Data were collected by using library research techniques and field study techniques. The data collection tool is in the form of document studies, while field data is collected by in-depth interviews without using interview guidelines. The results of the study show that: 1) Law enforcement of online gambling crimes in the jurisdiction of the North Sumatra Police as part of the penal policy, is carried out with repressive efforts starting from information reports from the public, followed up on investigations and investigations of online gambling crimes, including obtaining electronic evidence has been implemented by prioritizing due process of law indicators; 2) The validity of electronic evidence as digital evidence used by Investigators of Sub-Directorate III/Crime and Violence of the General Criminal Investigation Directorate of the North Sumatra Police in uncovering cases of online gambling crimes has not yet fully met the requirements for evidence so that it can be used at the investigation level, namely: the validity of goods Proof; its relevance; and material. All of them require a digital forensic expert; and 3) The most important obstacle is the North Sumatra Police, in particular the General Criminal Directorate, there is absolutely no effort to prevent the occurrence of online gambling crimes that often occur among the public. His efforts to imitate the School Enrollment Prosecutor's program by making the School Enrollment Police Program provide legal counseling regarding the connection between the ITE Law and online gambling to build the nation's character. Keywords: Law enforcement; online gambling; North Sumatra Police