Penerapan Pasal 45 Undang-Undang tentang Informasi dan Transaksi elektronik pada permainan Binomo Indra Kenz

Pahlevy, Yudhistira Omar (2023) Penerapan Pasal 45 Undang-Undang tentang Informasi dan Transaksi elektronik pada permainan Binomo Indra Kenz. [Tugas Akhir/Skripsi] (Submitted)

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Abstract

The research entitled Implementation of 45 statute of the law concerning in information and electronic transactions in the Binomo game by indra kenz (case study decision number 1240/Pid.Sus/2022/PN. Tng) aims to first : finds out and analyze how the legal facts against the verdict on the indra kenz case numbered 1240/Pid.Sus/2022/PN. Tng regarding binomo as a gambling platform, second: finds out and analyze how the panel of judges considered in the given verdict to defendant which is indra kenz in case numbered 1240/Pid.Sus/2022/PN. Tng. This research is a statement of judge study research, with a conceptual approach and a statute approach. The conceptual approach is used to clarify ideas by providing legal notions, concepts and principles in law that are relevant to the proble. The statute approach helps writer for analyze and finding the relevation in the statute. Based on the results of the study it can be concluded that the decision of the panel of judges numbered 1240/Pid.Sus/PN. Tng is not quite right because the element causing consumer losses is inaccurate because there is still insufficient evidence that defendant received a flow of funds due to the player’s defeat from binomo. Meanwhile, the fraud referred by the panel of judges decision has not been fulfilled because the witness/victim plays binomo consciously and also get paid when they win. Meanwhile, according to the researcher, the element of gambling in the information and electronic transaction law is fulfilled more than that by the panel of judges consfiscation and not returning the assets belonging to the witness/victim because it is considered a preventive and repressive effort to reduce gambling. So indirectly, the panel of the judges declared binomo as gambling. The indictmen of the public prosecutor is inaccurate because on the first or second indictment it was not connected with the article of origin, such as the first indictment article 45 A paragraph 1 Jo Article 28 Law number 19 of 2016 concerning amendments to Law number 11 of 2008 concerning in information and electronic transactions which discuss fraud without explaining article 378 of the criminal code which explains what is meant by fraud as well as the first indictment on the second part as for article 27 paragraph 2 regarding gambling in electronic information and transactions without article 303 which explains the definition of gambling. Likewise with the crime of money laundering where there is a predicate crime required because the nature of money laundering is a follow-up crime, so proving the original crime is very important. The defendant was proven guilty of distributing electronic documents containing gambling content and also committing the crime of money laundering with the proceeds from the winnings obtained from binomo because binomo had been designated as technology-based gambling under the guise of investment.

Item Type:	Tugas Akhir/Skripsi
Uncontrolled Keywords:	Penipuan, Perjudian, Binomo, Indra Kenz, Informasi dan Transaksi Elektronik, Tindak Pidana Pencucian Uang
Subjects:	K Law > K Law (General)
Divisions:	Faculty of Law
Depositing User:	00 Perpustakaan UWKS UWKS
Date Deposited:	25 Apr 2024 05:39
Last Modified:	25 Apr 2024 05:39
URI:	http://erepository.uwks.ac.id/id/eprint/18081

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