Kebijakan Hukum Pidana Dalam Penanggulangan Money Game

Tolib, Tolib (2022) Kebijakan Hukum Pidana Dalam Penanggulangan Money Game. Masters thesis, Universitas Islam Riau.

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Abstract

Money game is a money-raising activity, the activity of doubling money, which in practice is the giving of bonuses or commissions taken from the addition or recruitment of new members, and not from product sales. Even if there are product sales, it is just a camouflage. The main problem in this research is how the criminal law policy in dealing with money games at this time and how the regulation of money games is related to the legal protection of victims in Indonesia in the future. The research method used is library research, which is a method of collecting data by studying books, laws and regulations, and writings related to this research. The nature of the research, this research is descriptive analytical, that is, it provides a clear and detailed description of an incident that occurs regarding criminal law policies in dealing with money games. Based on the results of the study, it is known that the current criminal law policy in dealing with money games is still not effective in its application, this is because in practice in the field, money game mode always appears repeatedly in the community in various forms. These weaknesses are not only related to the rule of law, but also to aspects of law enforcement. Most of the perpetrators were only charged with fraud (Article 378 of the Criminal Code) and/or embezzlement (Article 372 and Article 374 of the Criminal Code). Apart from being punished under the Criminal Code, the perpetrators can be punished more severely under the provisions of Law Number 10 of 1998 concerning Banking and Law Number 8 of 1995 concerning the Capital Market. Companies that collect public funds illegally (without permission from Bank Indonesia) can be subject to criminal sanctions based on Law Number 10 of 1998 concerning Banking. And the regulation of money games is related to the legal protection of victims in Indonesia in the future, namely there must be a special rule or law that regulates the prohibition of money games. This can be seen from the three elements of the legal system that influence it, namely the legal structure (structure of law), legal substance (substance of the law) and legal culture (legal culture). No matter how good the arrangement of the legal structure, the aim is to carry out the stipulated legal rules, and no matter how good the quality of the legal substance that is made without the support of legal culture by the people involved in the system and society, law enforcement will not run effectively, all efforts made by Law enforcement officers do not necessarily depend on the rules and norms that govern. However, the results of law enforcement are also determined by legal culture factors.

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