Abstrak
ANALISIS YURIDIS PERBANDINGAN PUTUSAN PERKARA PIDANA NOMOR 248/PID.B/2022/PN TAR DAN NOMOR 92/PID.B/2023/PN TAR TENTANG PERJUDIAN DARING Abstrak This research aims to determine the forms of criminal acts of online gambling and analysis of the judge's considerations regarding the decision in criminal cases Number 248/Pid.B/2022/PN Tar and Number 92/Pid.B/2023/PN Tar at the Tarakan District Court. This research was carried out at the Tarakan District Court, Tarakan District Prosecutor's Office, Tarakan Police. The method used by researchers is the normative juridical type with a statutory approach, case approach, contextual approach and comparative approach. with literature studies, interviews and analyzed using qualitative methods. The results of this research show that, in case Number 248/PID.B/2022/PN, defendant I Sabir Bin Muhammad Yusuf and defendant II Safiska Bin Hariansyah were sentenced to 6 months in prison and were legally proven to have committed the crime of online gambling as a bookie. and seller of higgs domino coin chips and in case Number 92/Pid.B/2023/PN Tar the defendant Charles Junaidy Alias Aping Bin Junaidy was also sentenced to a lighter sentence of one month than the case above, namely 5 months in prison and was legally proven to have committed the criminal act of online gambling as a seller of lottery numbers and based on the facts at the trial of both cases and the evidence of witness statements, and documentary evidence and based on the evidence of the defendant's statement, in both cases the fraudsters have admitted to online gambling as bookies and chip sellers. higgs domino coins in the first case and lottery number sellers in the second case. So that the criminal sanctions imposed by the Panel of Judges. In this sentence, the judge used article 303 paragraph (1) 1 of the Criminal Code, the judge should have paid attention to the provisions of the principle of Lex Specialist Derogate Legi Generalis by applying article 27 paragraph (2) which specifically regulates criminal acts of online gambling which are not regulated in article 303 paragraph (1) 1st Criminal Code.