Analisis Yuridis Perjudian Online (Slot) Berdasarkan Peraturan Perundang-Undangan dan Putusan Nomor : 278/Pid.B/2020/PN Tsm

Abstract

The development of information technology with the existence of the internet has given rise to a new form of crime in gambling, namely gambling via the internet (internet gambling). There are several problems that arise, among others 1). What are the legal rules for online gambling crimes and 2) how is the legal analysis of the District Court Decision No.278/Pid.B/2020/PN Tsm. against perpetrators of ITE crimes that have gambling content. Obstacles that can hinder the process of proving a crime of gambling via the internet. The results of the study show that Law Number 11 of 2008 concerning Information and Electronic Transactions can deal with criminal acts of gambling via the internet based on the provisions of Article 27 paragraph (2) and Article 45 paragraph (1) of the law. The crime of gambling via the internet, carried out through electronic systems, electronic information and electronic documents which can be used as evidence as stipulated in Article 5 paragraph (1) and (2) of the ITE Law, in addition to that the electronic evidence above is considered as the need for evidence as stipulated in Article 184 of the Criminal Procedure Code, because it is equated as documentary evidence, so that perpetrators of gambling via the internet can be subject to criminal sanctions.