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TINJAUAN HUKUM TENTANG TINDAK PIDANA JUDI TOGEL JENIS PAKONG (STUDI KASUS PUTUSAN NOMOR 784/PID.B/2019/PN TNG Chairul Anwar; Nurmalia Ihsana
The Juris Vol. 6 No. 2 (2022): JURNAL ILMU HUKUM : THE JURIS
Publisher : Lembaga Penelitian dan Pengabdian kepada Masyarakat STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/juris.v6i2.592

Abstract

According to the Big Indonesian Dictionary, Gambling is risking a certain amount of money or property in a guessing game based on chance, with the aim of getting an amount of money or property that is greater than the original amount of money or property. Gambling is a phenomenon that cannot be denied in society. The act of gambling in Indonesian society can be found in various layers of society. There are also various forms of gambling, from traditional ones such as dice gambling, cockfighting and others such as the Pakong Type Togel Gambling which the author uses as a case study. The problem in this paper is how is the legal arrangement related to the crime of gambling? And what is the basis for the consideration of the Panel of Judges case Number 784/Pid.B/2019/PN Tng? The research method used is a normative research method that focuses on library research to obtain secondary data from legal materials. The normative approach is carried out by reviewing the applicable provisions or laws and regulations. The results of the study show that legal provisions related to the crime of gambling are formulated in Article 303 and Article 303 bis of the Criminal Code. The considerations of the Panel of Judges in dropping the criminal case number 784/Pid.B/2019/PN Tng are appropriate, namely by fulfilling all the elements in the indictment of Article 303 paragraph (1) 2nd of the Criminal Code, in addition to this being based on witness testimony, the defendant's statement, and evidence coupled with the conviction of the judge. In addition, the Panel of Judges in deciding cases considered mitigating and aggravating matters for the defendants.
Analisis Kejahatan Pinjaman Online dalam Hukum Siber di Indonesia (Studi Kasus atas Putusan Nomor 2078/PID.SUS/2021/PN LBP) Leo Yoga Wijaya; Nurmalia Ihsana; Punta Yoga
HUMANIORUM Vol 1 No 03 (2023): Jurnal Humaniorum
Publisher : PT Elaborium Elevasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37010/hmr.v1i03.19

Abstract

Technological advances in the economic sector, one of which is the existence of financial technology in the form of digital peer to peer lending platforms or what is commonly referred to as online loans. The convenience offered by online loans is very tempting to the public so that many people use online loan services. These online loans are also regulated in an institution called the Financial Services Authority or OJK. Online loans that are registered or have operational permits from the OJK are Legal Online Loans, while Online Loans that are not registered or do not have an operational permit from the OJK are called Illegal Online Loans. In collecting debts, illegal online loans have committed crimes. The author focuses on illegal collection actions related to online loans from illegal financial technology as stated in Decree Number 2078/Pid.Sus/2021/PN Lbp. When collecting an online loan from the victim, the defendant sent electronic information containing threats of violence or intimidation addressed personally. Of course this action is very troubling society. The problem raised by the author in this paper is how the act of collection by Illegal Online Loans can be called a Cyber ​​Crime and how to handle and provide legal protection for victims of Cyber ​​Crime in the Study of Cyber ​​Law in Indonesia. The writing method used is normative research with a statutory approach.
Co-Authors Chairul Anwar Leo Yoga Wijaya Punta Yoga