ANALISIS YURIDIS PROMOSI JUDI ONLINE MELALUI MEDIA SOSIAL (PUTUSAN NOMOR 628/PID.B/2023/PN SMN)

Mufti Riyan Kenan, NIM.: 17103040129 (2024) ANALISIS YURIDIS PROMOSI JUDI ONLINE MELALUI MEDIA SOSIAL (PUTUSAN NOMOR 628/PID.B/2023/PN SMN). Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

The emergence of online gambling in society has made this game increasingly popular. This is due to the easy access to gambling which is now no longer hindered by space and time, as well as the large amount of information about gambling due to advertising or promotional activities carried out on various social media. Online gambling site promotion activities are a form of social pathology (social disease). Promotion of online gambling sites will lead people to try and gamble which is a real or potential threat to social norms so that it can threaten the continuation of social order. In the Special Region of Yogyakarta, there are also cases of online gambling site promotion activities, as per the Decision of the Supreme Court of the Republic of Indonesia (Number 628/Pid.B/2023/PN Smn). Based on this, the author will analyze the basis for the judge's considerations in making decisions and criminal liability for online gambling promotion through social media in Judge's Decision Number 628/Pid.B/2023/PN Smn. The type of research used in this study is library research which is descriptive analytical. This study uses a juridical-normative approach technique. In this study, the author analyzes the promotion of online gambling through social media in Decision Number 628/Pid.B/2023/PN Smn using the theory of judge's considerations and the theory of criminal responsibility. This study found that Judge's Decision Number 628/Pid.B/2023/PN Smn and the demands of the Public Prosecutor differ in their approach to imposing criminal penalties on the defendant. In order to ensure that the sanctions are fair and appropriate, the judge took into account the benefits as well as the principles of legal certainty and justice. Additionally, this is done so that criminals are discouraged from committing future offenses and law enforcement can become fully integrated into community life. Decision Number 628/Pid.B/2023/PN Smn complies legally with the following requirements regarding the liability of online gambling crime perpetrators: there is a perpetrator of the crime (either a person or a legal entity), there is an act (either active or passive), there is an error (either intentional or culpa), and the crime is unlawful (in accordance with the principle of legality).

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