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Penegakan Hukum Terhadap Tindak Pidana Perjudian Ditinjau Berdasarkan Pasal 303 Kitab Undang-Undang Hukum Pidana Joyokusumo, Raden Sumito; Prastyanti, Rina Arum; Habib, Muhammad; Elisanti, Evi
JURNAL PENELITIAN SERAMBI HUKUM Vol 19 No 01 (2026): Jurnal Penelitian Serambi Hukum Vol 19 No 01 Tahun 2026
Publisher : Fakultas Hukum Universitas Islam Batik Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59582/sh.v19i01.1471

Abstract

This study aims to determine 1) the law enforcement against gambling crimes as reviewed based on Article 303 of the Criminal Code. 2) the obstacles and challenges faced in law enforcement against gambling crimes as reviewed based on Article 303 of the Criminal Code. This research method uses an empirical juridical approach, which is research that examines legal realities that occur in society, by looking at it from an empirical perspective. The types of data used are primary data through interviews and secondary data sourced from primary, secondary, and tertiary legal materials. Data collection techniques are carried out through interviews and literature studies. Data analysis techniques are carried out descriptively qualitatively with data reduction, data presentation, and drawing conclusions. The results of the study indicate that law enforcement against gambling crimes as reviewed based on Article 303 of the Criminal Code based on law enforcement theory according to Soerjono Soekanto, the success of law enforcement is influenced by five factors: legal factors (legal substance), law enforcement factors, means or facilities factors, community factors, legal culture factors. Article 303 of the Criminal Code provides a clear legal basis for prosecuting perpetrators of gambling crimes, both as organizers and participants. Obstacles faced in law enforcement against offline gambling include proving the elements of the crime, limited human resources and infrastructure of law enforcement officers, and social and cultural factors, where gambling is still considered a tradition or social entertainment that is difficult to eradicate. Obstacles faced in law enforcement against online gambling include limited regulations in the Criminal Code, difficulties in identifying and tracking perpetrators, and digital evidence. Challenges to law enforcement under Article 303 of the Criminal Code include the principles of legality and legal certainty, inter-institutional coordination, and rapid technological developments, which pose challenges for law enforcement. Another challenge faced in law enforcement is the weak deterrent effect of criminal sanctions imposed on gambling perpetrators.
Does Regulatory Forfeiture of Fiduciary Assurance Undermine Justice? Prastyanti, Rina Arum; Hang, Nguyen Thi Thu; Ikhayere, Imiefoh Andrew
Contrarius Vol. 2 No. 2 (2026): Contrarius
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/contrarius.v2i2.273

Abstract

This study examines fiduciary security by emphasising the legal consequences arising from the seizure of fiduciary objects upon the rights of creditors and debtors, and by comparing fiduciary regulatory frameworks in Indonesia, Australia, and the United States. The research adopts a normative legal method utilising secondary data in the form of primary and secondary legal materials. The approaches employed include statutory, conceptual, and comparative approaches to analyse the norms, principles, and practices governing fiduciary law across different jurisdictions. The research is descriptive and analytical, and it applies qualitative juridical analysis. The findings indicate that the seizure of fiduciary objects carries significant legal implications for both creditors and debtors, and that the implementation of Law Number 42 of 1999 concerning Fiduciary Security has not fully safeguarded the interests of all parties. The international comparison reveals the necessity for clearer mechanisms for the enforcement of fiduciary security and the protection of creditors’ rights. Accordingly, a reconstruction of the normative framework within the Fiduciary Security Law is required to realise Rawlsian justice, through the strengthening of legal protection, the certainty of enforcement, and the equitable balance of rights between creditors and debtors.