PERTIMBANGAN HUKUM HAKIM DALAM MEMUTUS PERKARA PERJUDIAN ONLINE(Studi Kasus Perkara No 212/Pid.B/2018/PN.Mlg)

Abstract

One Online gambling is a form of criminal offense that has evolved alongside the advancement of information and communication technology. This type of gambling not only negatively affects the perpetrators but also creates public unrest and presents unique challenges in law enforcement. This research aims to examine and analyze the judge's legal considerations in rendering a verdict against the perpetrator of an online gambling crime, as stipulated in Decision Number 212/Pid.B/2018/PN.Mlg. The research employs a normative juridical method with a case approach and statutory approach. The findings reveal that the judge considered several crucial aspects, including the facts revealed during the trial, legally admissible evidence, the elements of the criminal offense as regulated under Article 303 of the Indonesian Criminal Code (KUHP), and the social impacts caused by the defendant's actions. In addition, the judge also took into account aggravating and mitigating circumstances in determining the sentence. The decision reflects the judiciary's effort to provide a deterrent effect on the perpetrator and protect the public interest. This research is expected to contribute to the development of criminal law, particularly in the context of law enforcement against technology-based crimes.