Legal Analysis Of The Criminal Acts Of Gambling With The Mode Of Illegal Racing Based On The LLAJ Law And The KUHP

Abstract

This study is entitled "Legal Analysis of Gambling Crimes with Illegal Racing Mode Based on the Traffic and Road Transportation Law and the Criminal Code." The focus of the study is the legal loopholes in handling illegal racing with gambling elements, where perpetrators are only subject to traffic violation sanctions without considering the gambling element. This study uses a normative method with a statutory approach and analyzes the principles of legality and the principle of no crime without fault. The results show that illegal racing involving betting elements meets the criteria for gambling crimes as regulated in Article 303 of the Criminal Code. Therefore, such cases should be prosecuted under two legal frameworks simultaneously: Law No. 22 of 2009 concerning Traffic and Road Transportation and Articles 303 and 303 bis of the Criminal Code. A cumulative charging approach is needed for more effective law enforcement and to provide a deterrent effect. This study is expected to serve as a reference in the development of more comprehensive criminal law policies in Indonesia.