A NORMATIVE JURIDICAL ANALYSIS OF LEGAL SANCTIONS FOR GAMBLING OFFENSES

Abstract

This study aims to analyze the legal sanctions for the crime of gambling under Indonesian positive law specifically Law Number 1 of 2023 and to examine judicial considerations in imposing criminal sanctions on gambling offenders, based on a specific gambling case in North Jakarta. The research employs a normative-juridical legal research method, utilizing both statutory and case-based approaches. The study relies on secondary data, comprising primary, secondary, and tertiary legal materials. Data collection was conducted through literature review, while data analysis was performed qualitatively by elaborating on and correlating criminal law provisions, legal theories, and the judicial considerations found in the court ruling under study. The findings indicate that legal sanctions for gambling offenses in Indonesian positive law are established in Articles 303 and 303-bis of the Criminal Code (KUHP) and updated in Articles 426 and 427 of Law Number 1 of 2023 concerning the Criminal Code. These provisions distinguish between parties who offer gambling, provide the opportunity for it, or make a living from it, and those who merely take the opportunity to engage in gambling. In the North Jakarta gambling case, the judge considered juridical aspects namely the fulfillment of the elements of the offense, the presence of valid evidence, and the facts established during the trial. Additionally, the judge took into account non-juridical aspects, such as the defendant’s circumstances, the consequences of the act, and the objectives of sentencing.