PENEGAKAN HUKUM TERHADAP PELAKU TINDAK PIDANA YANG MEMBUAT DAPAT DIAKSESNYA PERJUDIAN ONLINE ( STUDI KASUS DI KEPOLISIAN DAERAH SUMATERA BARAT

Abstract

Online gambling is categorized as a cyber crime because in carrying out the crime, online gambling uses computers and the internet as a medium to carry out the criminal act of gambling. Currently, the Ditreskrimsus Polda West Sumatra has handled this online gambling case, even though some of them have been handled by investigators from the Ditreskrimsus Polda West Sumatra, we still encounter several people who play online gambling in internet cafes and in public places. In this research there are two problem formulations (1) How is law enforcement against perpetrators who make online gambling accessible in the jurisdiction of the West Sumatra Regional Police? (2) What are the obstacles for West Sumatra Regional Police Investigators in enforcing the law against perpetrators who make online gambling accessible? Law enforcement against online gambling that has been carried out by the Ditreskrimsus Polda West Sumatra still uses the instrument Article 303 of the Criminal Code rather than Article 27 paragraph (2) Jo. Law Number 19 of 2016 ITE Law. The threat of imprisonment under Article 303 of the Criminal Code is 10 (ten) years, heavier than Article 27 (2) of Law Number 19 of 2016 of the ITE Law which is only 6 (six) years. Criminal sanctions for online gambling based on Article 45 of the ITE Law are lower than the threat of criminal sanctions in Article 303 of the Criminal Code. Differences in detention time, lack of understanding and mastery of investigators in the field of information technology, are not balanced with the development of online gambling perpetrators' abilities and the use of electronic evidence requires expert testimony. However, the Ditreskrimsus Polda West Sumatra lacks the budget to finance the expert's honorarium.