PEMBUKTIAN TINDAK PIDANA PERJUDIAN MELALUI AKSES INFORMASII ELEKTRONIK (STUDI PUTUSAN No.66/Pid.Sus/2014/PN.Kbr)

Abstract

ABSTRACT

 

Proof of gambling criminal acts committed by the Defendant violates Article 27 paragraph (2) of Law No. 11 of 2008 concerning Information and Electronic Transactions. Criminal gambling in case No.66 / Pid.sus / 2014 / PN.Kbr considering evidence among other things the recapitulation of lottery numbers. Formulation of the problem is 1). How do you prove the crime of gambling through electronic information media on case No: 66 / Pid.Sus / 2014 / PN.Kbr? 2) What is the judge's consideration in proving the crime of gambling through electronic information media on the case No: 66 / Pid.Sus / 2014 / PN.Kbr?. The type of research used is normative legal research. Data sources are secondary data in the form of primary legal materials, secondary legal materials and tertiary law laws. Data collection techniques are document studies. Data were analyzed qualitatively. Conclusion of research results 1) Proof of a gambling crime through access to electronic information in case No.66 / Pid.sus / 2014 / PN.Kbr has fulfilled the elements of Article 27 paragraph (2) of the ITE Law and is subject to imprisonment for 6 months . 2) Judges' consideration in proving the case No.66 / Pid.sus / 2014 / PN.Kbr, the judge uses juridical considerations in the form of indictments from the public prosecutor, witness testimony, instructions, information from the defendant. Non-juridical considerations in the form of mitigating matters, among others, the Defendant being polite in the trial, the Defendant did not repeat again, the Defendant had never been punished.

Key words: proof, criminal act, gambling, electronic information