IMPLEMENTASI KEADILAN RESTORATIF DALAM PENANGANAN
KASUS KECELAKAAN LALU LINTAS DI POLRES
SUKABUMI KOTA
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Institusion
Universitas Muhammadiyah Sukabumi
Author
Meiliawati, Mela
Subject
H Social Sciences (General)
Datestamp
2024-06-19 14:42:19
Abstract :
The existence of internet technology can make it easier for people to get information and make it easier to communicate, so that with some of these facilities it can improve the standard of living in society itself. But apart from that, the internet can also have a negative impact on society, one of which is becoming a medium for finding information or sites that contain gambling. Gambling itself is an act that is prohibited as regulated in the Criminal Code in articles 303 and 303bis, apart from that related to gambling using information technology the regulation is contained in article 27 paragraph (2) Jo. Article 45 (2) of the law on electronic information and transactions. In decision number 232/Pid.B/2022/Pn. Cbd the author found a discrepancy in the application of the article, this is different from article 139/Pid.Sus/2021/Pn. Skb which applies the article in accordance with the elements that are fulfilled, namely article 27 paragraph (2) Jo. Article 45(2) of the ITE Law. The two articles have the same chronology and type of gambling but apply different articles, so the problem in this study is "How is the application of the law on online gambling crimes in decision number 232/Pid.B/2022/Pn. cbd?? and "How are the judges' considerations in implementing the law, there is a decision number 232/Pid.B.2022/Pn. Cbd and decision number 139/Pid.Sus.2021/Pn. Skb?. This study uses a normative juridical research type which refers to legal norms contained in a statutory regulation and court decisions, as well as legal norms that exist in society. Based on the results of the discussion, in decision number 232/Pid.B/2022/Pn. Cbd the public prosecutor has used a single indictment by applying Article 303 paragraph (1) 2nd of the Criminal Code and the judge has decided according to the public prosecutor's indictment. This can make law enforcers set aside the principle of lex specialist derogate legi lex generalis, because it does not apply Article 27 paragraph (2) Jo. Article 45 (2) of the law on electronic information and transactions even though the elements in this article have been fulfilled.
The existence of internet technology can make it easier for people to get information and make it easier to communicate, so that with some of these facilities it can improve the standard of living in society itself. But apart from that, the internet can also have a negative impact on society, one of which is becoming a medium for finding information or sites that contain gambling. Gambling itself is an act that is prohibited as regulated in the Criminal Code in articles 303 and 303bis, apart from that related to gambling using information technology the regulation is contained in article 27 paragraph (2) Jo. Article 45 (2) of the law on electronic information and transactions. In decision number 232/Pid.B/2022/Pn. Cbd the author found a discrepancy in the application of the article, this is different from article 139/Pid.Sus/2021/Pn. Skb which applies the article in accordance with the elements that are fulfilled, namely article 27 paragraph (2) Jo. Article 45(2) of the ITE Law. The two articles have the same chronology and type of gambling but apply different articles, so the problem in this study is "How is the application of the law on online gambling crimes in decision number 232/Pid.B/2022/Pn. cbd?? and "How are the judges' considerations in implementing the law, there is a decision number 232/Pid.B.2022/Pn. Cbd and decision number 139/Pid.Sus.2021/Pn. Skb?. This study uses a normative juridical research type which refers to legal norms contained in a statutory regulation and court decisions, as well as legal norms that exist in society. Based on the results of the discussion, in decision number 232/Pid.B/2022/Pn. Cbd the public prosecutor has used a single indictment by applying Article 303 paragraph (1) 2nd of the Criminal Code and the judge has decided according to the public prosecutor's indictment. This can make law enforcers set aside the principle of lex specialist derogate legi lex generalis, because it does not apply Article 27 paragraph (2) Jo. Article 45 (2) of the law on electronic information and transactions even though the elements in this article have been fulfilled.
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