Penerapan Hukum Terhadap Pelaku Tindak Pidana Perjudian (Studi Kasus Putusan Pengadilan Negeri Medan No.45/Pid.B/2017/PN.Mdn)

Abstract

Gambling is an unsettling act that disturbs the community and acts that hinder government programs, especially in combating gambling. Gambling is contrary to religion, morality and Pancasila morality. The role of the community as citizens has a role and obligation to make the situation safe and secure. In law there is a difference between the term "criminal" and the term "punishment". Sudarto said that the term "punishment" was sometimes used to replace "straft" words, but according to him the term "criminal" was better than "punishment. According to Muladi and Barda Nawawi Arief "The term punishment which is a general and conventional term, can have a broad and variable meaning because the term can connote a fairly broad field. The term is not only often used in the field of law, but also in everyday terms in the fields of education, morality, religion, and so on. The type of research used in the preparation of this thesis is normative juridical (legal research), namely research focused on examining the application of rules or norms in the applicable positive law. The type of normative juridical research is carried out by examining various formal rules of law such as Laws, regulations and literature which contain theoretical concepts which are then related to the problems that will be discussed in this study. Gambling is a game in which players bet to choose one option among several choices where only one choice is correct and becomes a winner. The player who loses the bet will give the bet to the winner. According to Article 303 paragraph (3) of the Criminal Code which is said to play gambling is each game, the basic expectation of winning generally depends on chancy, and also if the expectation becomes bigger because of the intelligence and habits of the players.