PERTANGGUNGJAWABAN PIDANA TERHADAP TINDAK PIDANA PERJUDIAN DENGAN MODUS OPERANDI MUSIK BERHADIAH DIWILAYAH HUKUM KEPOLISIAN RESOR TANJUNGPINANG

Abstrak

Gambling is one of the crimes that is very difficult to eradicate, this crime has grown from the era that initially only used the means of cards now to use machines to play. In Tanjungpinang, the type of game that is often played is a game with the modus operandi of music with prizes. This study aims to examine this music game with prizes, including the elements of the crime of gambling, and how the criminal responsibility of this prize music game. This research itself was conducted using normative legal research methods as well as, using a conceptual approach and a statutory approach. The data source used by the author is primary data, the data analysis technique used is qualitative analysis techniques. The results of this study show that in terms of the Criminal Code Article 303 paragraph 3, this game of music with prizes is included in the crime of gambling because there are elements, namely: games, betting and lucky luck, the element of betting and luck are the most important elements to see this game as gambling because in that game you must first buy a coupon that contains game numbers, prizes that can be obtained, in the form of goods or money received. and in the second problem in playing music with prizes can be accountable for the criminal act according to the formulation of the first problem, namely fulfilling the element of gambling and the person concerned is an adult and is not in a state of mental doubt. From the results of the research, it can be concluded that playing music with prizes is included in the 303 Criminal Code gambling act and that criminal liability can be carried out based on the criminal procedure law