Juridical Analysis In Implementing Criminal Sanctions Against Gambling In Tangerang District

Authors

  • Sukhebi Mofea Sheikh Yusuf Islamic University, Tangerang, Indonesia
  • Mamay Komariah Sheikh Yusuf Islamic University, Tangerang, Indonesia
  • Fajar Saptudin Sheikh Yusuf Islamic University, Tangerang, Indonesia

DOI:

https://doi.org/10.58818/ijlrsa.v1i1.51

Keywords:

Application of Sanctions, Crime, Gambling

Abstract

This study aims to discover the legal consequences of gambling crime and the Judge's considerations in deciding case number (2364/PID.B/2020/PN.TNG) regarding the corruption of gambling, which causes anxiety for the community. This research method uses a normative description approach according to the concept, legal basis, and legislation. Observation data collection techniques to research locations by observing actual events. Interviews with related parties, prosecutors, judges, lawyers, and defendants. Documentation studies include archives, electronic media containing gambling-related news, and archives. The research results conclude that the Defendant has been legally and convincingly proven guilty of committing the crime of gambling. That Defendant, in carrying out the Pakong and Togel type of gambling, did not have a special way to win the gambling game because it was only chance, and the Defendant placed the Pakong and Togel gambling without permission from the authorities.

Downloads

Download data is not yet available.

Author Biographies

Sukhebi Mofea, Sheikh Yusuf Islamic University, Tangerang, Indonesia

Scientific research for careers

Mamay Komariah, Sheikh Yusuf Islamic University, Tangerang, Indonesia

Scientific research and collaboration for careers

Fajar Saptudin, Sheikh Yusuf Islamic University, Tangerang, Indonesia

learn scientific research and collaboration to publish

References

Amin, Ma'ruf, 2015, Fatwa Association of the Indonesian Ulema Council in social and cultural fields, Jakarta: Erlangga.

Anton, Muhammad, 2019, "Application of Law Number 7 of 1974 concerning Controlling Gambling Against Controlling Togel Gambling in Malang Regency", Dynamics: Scientific Journal of Legal Sciences, Vol. 25, no. 10, p. 1-10.

Awash, Stevin Hard, 2017, "Legal Responsibility for Online Gambling Crimes From a Criminal Law Perspective," Journal of Lex et Societatis, Vol. 5, No. 5, July, p. 159-166.

Darsi and Halil Husairi, 2019, "Ta'zir in the Perspective of Jinayah Jurisprudence," Al-Qisthu: Journal of the Study of Legal Sciences, Vol. 16, No. 2, p. 62-60-64.

Effendi, Tolib, 2017, Fundamentals of Criminology The Science of the Causes of Crime, Malang: Setara Press.

Fuad, Ahmad Masfuful, 2016, "Qiyas as a Method of Istinbat Al-Hukm," Mazahib: Journal of Islamic Legal Thought, Vol. 15, No. 1, June, p. 42-60.

Grasindo, Team, 2017, UUD 1945 & Amendments, Jakarta: PT Grasindo Publisher

Gunawan, Hendra, 2020, "Cyber Crime in the Perspective of Jinayah Jurisprudence", el-Qanuniy: Journal of Islamic Sciences and Social Institutions, Vol. 6, No. 1, June 2020, p. 96-110.

Hamzah, Andi, 2019, Indonesian Criminal Procedure Code, Jakarta: Sinar Graphic.

H. M, Sahid, 2015, Epistemology of Islamic Criminal Law, Surabaya: Idea Library.

Iqbal, Muhamad, Suhendar and Ali Imron, 2019, Criminal Law, Banten: Unpam Press.

Jendraningrat, Bintang Artsena, 2021, "Effectiveness of Enforcement of Cyber Gambling Endorsement Crime Laws in Indonesia," Yustisia Tirtayasa: Final Journal, Vol. 1, No. 1, August, p. 58-68. 97

Lewokeda, Kornelia Melansari D, 2019, "Criminal Responsibility for Crimes Related to the Delegation of Authority," Journal of Justice Mimbar, Vol. 14, No. 28, January, p. 183-196.

Marsaid, 2020, Comparative Jinayah Law (Positive Criminal Law and Islamic Criminal Law) Understanding Crime from the Point of Positive Law and Islamic Law, Palembang: CV. Trust. Muhammadiyah, Central Executive

Muhammadiyah, 2017, Association of Tarjih Decisions, Yogyakarta: Voice of Muhammadiyah.

Munawar, Said, 2019, "Criminal Law Enforcement Policies Against Gambling Crimes", Journal of Legal Institutions, Vol. 2, No. 1, February, p. 1-18.

Paryadi, 2021, “Maqashid Syariah: Definition and Opinions of Ulama," Cross-border Journal, Vol. 4, No. December 2, p. 359-374.

Pramartha, Pande Putu Rastika, A. A. Sagung Laksmi Dewi and I Putu Gede Seputra, 2021, "Criminal Sanctions Against Installers and Promotion of Ads Loaded with Online Gambling Content," Journal of Legal Preferences, Vol. 2, No. 1, February, p. 156-160.

Priyatno, Dwidja, 2018, Anthology of Indonesian Criminal Law Renewal, Bandung: Pustaka Reka Cipta Publisher.

Ramadhani, Hernanda, Muhammad Fauzi and Alexandro Martin Tiga, 2020, "Law Enforcement in Eradicating Online Gambling Sites in Indonesia," Lex Suprema Journal, Vol. 2, No. 2, September, p. 66-81.

Ramadhani, Putri, 2021, "Criminal Elements in the Higgs Domino Online Game Where Chips/Coins Are Traded in a Review From the Perspective of Islamic Criminal Law and Positive Law," Journal of the Medan Polytechnic Institution Juripol, Vol. 4, No. 2, September, p. 331-341.

Ritonga, Dedi Arisandi, 2021, "Sanctions for the Law of Dadu Gambling Facilitators in Dolok District in Analysis of Islamic Criminal Law and Positive Law," Journal of Al-Qanun: Journal of Social Studies and Islamic Law, Vol. 2, No. 1, March, p. 63-79.

Sahid, Mochamad, 2018, "Policy Formulation of Criminal Sanctions in Combating Cyber Crime Based on the Information and Electronic Transaction Law," Actualita Journal, Vol. 1, No. 1, June, p. 205-221.

Siregar, H.M., 2014, "Analysis of Disparities in Judge's Decisions in Sentences Against Gambling Crimes," Journal of Legal Institutions, Vol. 9, No. 1, p. 71-78.

Suciati, Devy and Supanto, 2015, "Online Football Gambling Regulations as a Cyber Crime in Indonesian Criminal Law," Recidive Journal, Vol. 4, No. 2, August, p. 175- 183.

Suharya, Reza, 2019, "The Phenomenon of Gambling Among Youth in Samarinda Seberang District," Sosiastry-Sociology, Vol. 7, No. 3, September, p. 326-340.

Sugiyono., 2018. Quantitative qualitative research methods and mixed methods. Remaja Rosdaarya Publishers. Bandung

Suharyadi, Said Sampara and Kamri Ahmad, 2020, "Cyber Crime in the Perspective of Islamic Law, Journal of Lex Generalis (JLS), Vol. 1, No. 5, October, p. 761-772. 101

Surbakti, Sudaryono, and Natangsa, 2017, Criminal Law Basics of Criminal Law Based on the Criminal Code and the Criminal Code Bill, Surakarta: Muhammadiyah University Press.

Syarbaini, Ahmad, 2018, "Ta'zir Theory in Islamic Criminal Law," Journal of Ius Civile, Vol. 2, No. 2, p. 1-10.

Downloads

Published

2023-07-20

How to Cite

Mofea, S., Komariah, M., & Saptudin, F. (2023). Juridical Analysis In Implementing Criminal Sanctions Against Gambling In Tangerang District. The International Journal of Law Review and State Administration, 1(1), 23–29. https://doi.org/10.58818/ijlrsa.v1i1.51

Issue

Vol. 1 No. 1 (2023): July - August : The International Journal of Law Review and State Administration

Section

Articles

License

Copyright and License Statement

Authors who publish their manuscripts in this Journal agree to the following conditions:

The copyright for any article in The International Journal of Law Review and State Administration is fully held by the author under a Creative Commons CC BY 4.0 license:

  1. The author acknowledges The International Journal of Law Review and State Administration (IJLRSA) has the right to publish for the first time with a Creative Commons Attribution 4.0 International License / CC BY 4.0.
  2. Authors can enter writings separately, arrange non-exclusive distribution of manuscripts that have been published in this journal into other versions (eg sent to the author's institutional repository, publication in a book, etc.), by acknowledging that the manuscript has been published for the first time in The International Journal of Law Review and State Administration (IJLRSA)
Licence :
  • The International Journal of Law Review and State Administration (IJLRSA) published under the terms of a Creative Commons Attribution 4.0 International License / CC BY 4.0. This license permits anyone to copy and redistribute this material in any form or format, compose, modify, and make derivative works of this material for any purpose, including commercial purposes, so long as they include credit to the Author of the original work.