Disparitas Putusan Hakim terhadap Tindak Pidana Perjudian Online (Studi Putusan Nomor 2593/ Pid Sus/ 2022/ PN.Mdn dan Putusan Nomor 14/ Pid.B/ 2016/ PN.Tbk).

Abstract

The disparity of the Judge's Decision on the Crime of Online Gambling is something that must be considered better and consistent, where many people actually feel that they do not get justice and do not respect the law as a result of this dispartity, where respect for the law should be one of the targets that must be achieved in criminalization. The formulation of the problem in this study is, Why is there a criminal disparity against the same type of criminal offense?, how is legal justice for online gambling convicts over the disparity of the judge's decision in Decision Number 2593/Pid.Sus/2022/PN.Mdn and Decision Number 14/Pid. B/2016/PN. Tbk?, and How to Analyze the Judge's Considerations in Decision Number 2593/Pid.Sus/2022/PN.Mdn and Decision Number 14/Pid. B/2016/PN. Tbk?. The research method used is normative juridical research with literature study data collection techniques. Data analysis is qualitative. The Crime of Online Gambling is regulated and accounted for in Article 27 (paragraph 2) of Law Number 1 of 2024 concerning amendments to Law Number 19 of 2016 concerning Information and Electronic Transactions which regulates online gambling specifically, and in the Criminal Code (KUHP) Article 303 regulates gambling in general. In Decision Number: 2593/Pid.Sus/2022/PN.Mdn, the Judge decided based on Article 27 (paragraph 2) of Law Number 1 of 2024 concerning amendments to Law Number 19 of 2016 concerning Information and Electronic Transactions. Meanwhile, in Decision Number: 14/Pid.B/2016/PN.Tbk, the Judge decided based on (KUHP) Article 303 which regulates gambling in general. Judges should pay more attention to hierarchy in solving a problem whose rules can be more than one or more specific, namely as the basis for legal rules and guidelines in the formation of laws so that applying this can be the answer for judges in achieving justice.