Legal Reviews on gambling, Talking about “gambling” including “cockfighting” which is better known as tajen besides being prohibited by religion, it is also expressly prohibited by positive law (KUHP). This can be seen from the provisions of Article 303 of the Criminal Code, Jo. Law No.7 of 1974 concerning Control of Gambling Jo. PP.No.9 1981 Jo. Presidential Instruction and Minister of Home Affairs Instruction No.5, April 1, 1981.
The government recognizes this, so in the context of controlling gambling, article 303 of the Criminal Code is reinforced by law. No.7 1974, which in Article 1, regulates all criminal acts of gambling as crimes. Here it can be explained that all forms of gambling without a license are crimes but before 1974 there were crimes (article 303 KUHP), some were in the form of violations (article 542 KUHP) and article 542 KUHP designations, then with the existence of Law No. 7 1974 amended into article 303 bis KUHP. PREDIKSI WLA
In article 2 paragraph (1) of the Law. No.7 1974 only changes the threat of punishment in Article 303 paragraph (1) of the Criminal Code from 8 months imprisonment or a maximum fine of 90,000 rupiah to a maximum imprisonment of 10 years or a maximum fine of 25 million rupiah. In article 303 paragraph (1) -1 Bis KUHP and article 303 paragraph (1) -2 Bis KUHP, the threat of punishment for those who take the opportunity, participate in gambling, is increased to 4 years in prison or a maximum fine of 10 million rupiah and paragraph (2) imposing penalties for those who have been sentenced to gambling for a maximum of 6 years or a maximum fine of 15 million rupiah.
It is ironic that even though the law explicitly states that all forms of “gambling” are strictly prohibited in the law, all forms of gambling practice are allowed if there is “permission” from the government. It should be noted that the game of gambling (hazardspel) contains elements; a) there is an expectation to win, b) it is just chance, c) there is an incentive in the form of a prize for the winner, and d) the expectation to win increases if there are elements of intelligence, intelligence and dexterity.
Legal Reviews on gambling
And legally people can be punished in gambling, namely: 1) Persons or legal entities (companies) that provide or provide opportunities to play gambling as their livelihood, and also for those who interfere in gambling (as part of the gambling organizer) or also as players. gambling. And regarding a place that does not need to be in a public place, although hidden, closed, it can still be punished; 2) Persons or legal entities (companies) deliberately organize or give opportunities to play gambling to the public, here is not necessary or not required as a livelihood, as long as in a public place that can be visited by many people / the public can be punished, unless there is permission from the government of gambling. cannot be punished; 3) People whose livelihoods are gambling can be punished; 4) a person who only participates in gambling games that are not for a living is also liable to be punished. (vide, article 303 bis KUHP). prediksi hk mbah sukro
Referring to the Government Regulation, to be precise in article 1 PPRI No.9 of 1981 which basically prohibits the granting of permits for all forms of gambling, whether in the form of gambling held in “casinos”. in the “crowd” or associated with other reasons, which if linked again with the content of article 2 of PPRI No.9 1981 which essentially eliminates all laws and regulations that are contrary to PPRI No.9 1981, especially those that grant permits to all form of gambling, then this means that article 303 paragraph (1) and / or article 303 bis KUHP is no longer valid.
Legal Reviews on gambling
It seems that the regulation regarding “gambling” contains conflicting regulations, on the one hand, Law No.7 of 1974 Jo. Article 303 of the Criminal Code which regulates “gambling” can be licensed by the authorities, on the other hand it contradicts its implementing regulations, namely PPRI No.9 of 1981, which prohibits “gambling” (giving permission) of gambling in all its forms. Indeed, in terms of legal theory, PPRI No.9 of 1981 is automatically null and void, because it contradicts the regulations above it.
On this basis the Police can only take action against unlicensed gambling, even though the gambling is against the values of all religions. In order to avoid acts of anarchism from religious mass organizations against the rampant illegal practice, the Government together with the DPR should have responded and immediately made a more stringent set of laws and regulations governing “prohibition of gambling practices”, in particular the prohibition of granting gambling permits on the spot. public or in cities and in residential areas, so that our country as a country based on Pancasila is where the image of the religious community is maintained. LIVE DRAW SYDNEY