Setting On Types of Gambling Sanctions
Especially from the criminal sanctions system which is about criminal acts by gambling which still refers. In a general regulation contained in Article 10 of the Criminal Code which has regulated several types of crimes which have included the main crime and also the additional crime of gambling. Of the several types of principal crimes, among others, contain the death penalty, imprisonment, imprisonment, and fines. And the additional types of punishment include revocation of certain rights, confiscation of certain goods, and a judge decides on the guilt.
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In article 303 this originally came from article 542 where the criminal threat was lower, namely. The criminal is only in confinement for a maximum of one month or the criminal can also be fined a maximum of only three hundred thousand rupiahs. Because it has been enacted from Law No. 7 of 1974 which is stated in article 542, it has been replaced with article 303. Those who are threatened with imprisonment for a maximum of four years or also a criminal fine will be fined a maximum of about ten million rupiah. This means that the question of gambling in the form of violations contained in Article 542 is an act of criminal crime.
When observed, there are several points in the change that are not in addition or subtraction of the type of sanctions. But only slightly changed from the severity or lightness of the criminal sanctions that will be imposed on the crime. In other words, there are laws that only exist in regulations that have added a provision regarding the weight of sanctions in the Criminal Code, especially in article 303 paragraph (1), article 542 paragraph (1) and article 542 paragraph (3). Thus, the sanctions system will also not be different from the system contained in the Criminal Code.
Provisions of Law NO. 7 of 1974
In the provisions of Law No. 7 of 1974, it is indeed not possible to regulate itself, especially regarding the types of additional penalties. So, the provisions for additional penalties in Article 10 of the Criminal Code are not automatically enforced. This is in line with and also the opinion of what has been previously decided stating that. Although these additional penalties have been regulated in general rules, according to a Criminal Code system, additional types of punishment are only threatened as certain types of crime. If in the regulation, especially from the formulation that is already concerned, it will not explicitly include the additional punishment.
Based on the provisions like this, it can be concluded that if it is not explicitly stated, the types of additional penalties are in a good formulation. Therefore, the additional punishment cannot be imposed on the regulations that have been enacted. Likewise with a formulation that is included in a scope. From this crime in gambling, it is not explicitly stated in the additional forms of crime.
So that additional penalties will not be imposed on the problem makers of the gambling. Articles that have been included in the scope of a criminal act. In gambling can only formulate a criminal form. From the point of view, the alternative is that it can be imprisonment or a fine. This is a great way for additional donors to determine the path they actually want to go.
At least from article 2 of Law No. 7 of 1974 it stipulates that there are several types of sanctions for criminal acts, among others. Article 303 paragraph (1) states that the punishment for the criminal will be imprisonment for a maximum of two years and eight months. And also a fine of twenty five million for criminals who want to be released immediately in an appropriate manner. And for Article 542 paragraph (1) of the criminal law, it is at least less than one month and can be charged with a fee of ten million rupiah. Meanwhile, Article 542 paragraph (2) is sentenced to imprisonment for four years and a fine of ten million rupiah.