Muh Irfan Amnan, Miftahul Jannah, Moch Andry Wikra Wardhana
Faculty of Law, Universitas Muslim Indonesia, Indonesia
ΩCorrespondent Email : muhirfanamnan2@gmail.com
This research aims to find out and analyse the Criminal Responsibility of Influencers Who Promote Online Gambling on Social MediaThis research is carried out using the Normative research method, also called doctrinal law research, which is often conceptualised as what is written in laws and regulations or laws are conceptualized as rules or norms that are benchmarks for human behaviour that are considered appropriate.The results of this study show that (1) in terms of online gambling, this mode shows how flexible online gambling activities are carried out. The mode of promoting online gambling has certainly been regulated in Article 27 paragraph (2) jo. Article 45 paragraph (2) of the ITE Law explains that any person who intentionally and without the right to distribute, transmit, and/or make accessible electronic information and/or electronic documents that have the content of gambling as referred to in Section 27 paragraph (2) shall be sentenced to a maximum prison sentence of 10 (ten) years and/or a maximum fine of Rp 10,000,000,000.00 (ten billion rupiah). (2) Legal regulations regarding criminal liability for influencers who promote online gambling are expressly regulated in Law No. 11 of 2008 (UU ITE), Article 27 paragraph 2 of the ITE Law becomes the main legal basis that prohibits all forms of distribution, transmission, or provision of access to electronic information loaded with online gambling.
Keywords : Accountability, Influencer, Online Gambling
Technology is No matter foreign Again For moment this , technology become very fast its development and become primary needs for we . We are also one of form from development technology is use of social media . [1] With the existence of social media make it easier man For communicate with One each other though hampered very long distance . Social media is one of the instant media with various function moment This . Mass media No only as means communication , but also a means for its users For look for various information . [2] Social media must still become function and purpose from social media That itself , which is designed For serve life each person. Web technologies like social media makes it easier Who just For create and distribute content yourself . Like blog posts, Twitter, Instagram, Facebook which can watched by millions of people for free. [3] One of the most popular social media among Gen Z are Instagram and Tiktok . There are various social media used by Indonesian people such as Twitter , Facebook , Instagram, Tiktok , Youtube, and others . [4]
According to Hutapea Social media Instagram is one of the most widely used social media . is loved by the Indonesian people . Based on We Are Social data in 2022 , the most frequently used social media used if seen from Twitter, Instagram, and Tiktok namely Instagram has position top around 84.8%, position second occupied by Tiktok with percentage 63.1%, and position third is Twitter with percentage 58.3%. Influencers at the moment this is very useful opportunity business by the perpetrator business . [5] Influencers are one of the spotlight on social media . In operational is influence on online behavior when a person do various method For increase his fame on the internet with utilise technology for example videos, blogs, and social networking sites social others . [6] Influencers make social media posts personal , can seen from the number of followers who have very high engagement such as likes, shares, retweets, comments, clicks , on links or URLs, from promotion mentioned . [7] Until the influencer gives good communication with followers and have quite a reputation proper in advertise . [8]
Online gambling is one of the form gambling is getting worse popular in Indonesia. According to from the word commission Indonesian Broadcasting Corporation (KPI), the number of online gambling sites operating in Indonesia reached 1,200 sites in 2023. [ 9] Online gambling offers convenience , comfort and pleasure for the players , but also has impact negative for the mental health of the players , such as addiction , stress , depression , and anxiety . Online gambling is increasingly increase rapidly at the moment this , where individuals involved in activity gambling virtually through online platforms such as websites or connected applications with the internet. All transaction , start from deposit to withdraw money from results gambling , done online via connected system to the internet. [10] In addition , because considered practical and can done When only , online gambling also involves bank war as tool For flowing and managing money in transaction . So that all player online gambling usually own specific bank account or at least use someone else's bank account or agent in Withdrawals and transactions online gambling. Dalam Era digital membawa perubahan mendasar pada preferensi dan perilaku belanja, mendorong migrasi yang luas ke platform e-commerce. Kemudahan, aksesibilitas produk yang luas, dan harga kompetitif menjadi daya tarik utama dari platform ini. Pada 2022-2023, 62,2% pengguna internet di Indonesia aktif dalam e-commerce setiap minggunya. Fenomena ini mendorong perusahaan beradaptasi dengan pengumpulan dan analisis data konsumen secara besar-besaran. Hingga awal 2023, 41% pengguna internet usia 16-64 menemukan merek baru melalui mesin pencari, 37% melalui iklan dan sosial media. Dalam pemasaran digital, 70% pengguna internet melakukan riset merek daring sebelum pembelian. Penelitian ini bertujuan untuk mengevaluasi regulasi perlindungan data pribadi dalam konteks perlindungan konsumen, mengidentifikasi celah dalam kebijakan saat ini, dan mengusulkan strategi peningkatan keamanan data serta privasi konsumen di lingkungan E-Commerce. Penelitian ini menggunakan metode penelitian yuridis normatif dengan tiga pendekatan utama, yakni perbandingan, konseptual, dan perundang-undangan. Analisis data dilakukan secara deskriptif dan kualitatif melalui pendekatan deskriptif analitis. Pendekatan ini bertujuan untuk memberikan gambaran menyeluruh tentang peristiwa hukum tertentu dalam masyarakat. Hasil Penelitian ini mengungkap pertumbuhan signifikan e-commerce di Indonesia, didorong oleh peningkatan penggunaan internet dan adopsi teknologi. Bisnis e-commerce mengembangkan strategi seperti diversifikasi layanan, pemasaran lokal, dan membangun infrastruktur logistik yang kuat. Aspek hukum dan regulasi, termasuk UU Perlindungan Konsumen dan UU Informasi dan Transaksi Elektronik, sangat penting untuk menjaga keamanan dan kepercayaan konsumen.
Practice online gambling with game virtually done via website or application certain connected to internet network , increasingly is widely practiced at the moment This . All transaction processes , starting from from deposit to withdrawal of proceeds gambling done at the time This . All transaction processes , starting from from deposit to withdrawal of proceeds gambling , done through operating system online . Because it is considered can done with easy When anywhere and everywhere , banks are also used in online gambling for send money to system transaction . This is become side weak development such internet access fast become tools of the perpetrators For expand Network online gambling in Indonesia. [12]
Development technology information and communication has bring change significant in various aspect life society . Including emergence phenomenon online gambling . Online gambling has become problem serious problem faced by many areas in Indonesia, considering impact its wide negative , no only on the aspect social and economic , but also on the mental health of the community . Online gambling does not only impact on aspects economic and social . But also has consequence Serious on the mental health of individuals and communities . Research show that participation in online gambling correlates with improvement risk addicted gambling , depression , anxiety , and various other mental health issues , ease the access and anonymity offered by online gambling platforms can influence behavior addictive and difficult intervention early . Existence online gambling now This has to penetrate enter to generation young . That is in order to get profit fast and practical become as a reference for they to achieve income in a way fast without need work . This is can damage very morals, attitudes , and personal generation young If play online gambling . Principles they assume benefits gained Can got with multiple high and can enjoy life without need try Work in earn money. [13]
Related regulations with online gambling has a number of necessary elements under consideration in context law positive Indonesia. The provisions listed in the law book law Criminal Code (KUHP) is one of the relevant elements . Article 303 of the Criminal Code regulates various the punishment applied to perpetrator gambling on the internet. For violation First , the threat punishment covers imprisonment for a maximum of 10 years , imprisonment for a maximum of 4 years , or fine ten million rupiah. For violation second , threat maximum 6 years imprisonment or fine up to fifteen million rupiah. Legal basis online gambling in Indonesia is regulated by several regulation legislation that includes the Criminal Code (KUHP ) and the Law Number 11 of 2008 concerning information and transactions electronics (ITE Law) which has amended by law Number 19 of 2016. Legal basis This reflect effort government and take action practice online gambling , although there is challenge in enforcement law and supervision to content online gambling . [14]
According to Ruhma Syifwatul Jinan, data from ministry communication and informatics Republic of Indonesia throughout in 2020, has done blocking to more of 500,000 online gambling sites . However , efforts blocking This Not yet fully effective in to overcome the rise online gambling , considering the ability of the actors For Keep going create a new site or use method alternative For avoid blocking . Based on the latest data from the Police Public Relations Division , there are decline significant case online gambling in Indonesia in 2024 compared year previously . Noted as many as 792 cases online gambling in 2024 , shows decrease of 404 cases compared to 1,196 cases in 2023. The decrease this is also followed with amount suspects who were arrested . In 2023 , 1,987 suspects online gambling has secured . While until April 2024, 1,158 suspects has secured .
According to Brigadier General of Police Trunoyudo Wisnu Andiko , Head of Public Relations of the Indonesian National Police Public Relations Division , said: that decline This is results from effort Indonesian National Police in eradicate online gambling in Indonesia. The effort among others with conducting cyber patrols , blocking online gambling sites , and arresting perpetrators online gambling . Ministry Communication and Informatics ( Kominfo ) has blocking almost 2 million account online gambling as of May 2024. Similar efforts were also made by the Financial Services Authority (OJK) with blocked 4,921 related bank accounts online gambling all the time 2024. Firm steps This taken based on data received by OJK from Kominfo . Blocking accounts and accounts This is part from effort government For eradicate online gambling Indonesia. In Indonesia, although has There is regulations that prohibit gambling , including online gambling , through Constitution number 7 of 1974 concerning order gambling and article 303 of the Criminal Code, implementation and enforcement law at the level area Still face various challenge . This is show existence need urge will more regulation specific and comprehensive at the level area , in form regulation regional ( regional regulation ), for handle problem online gambling and its impact towards community mental health .
South Sulawesi Regional Police ( Sulsel ) arrested three influencers or content creator Because involved play until promote online gambling sites . From the activities online gambling , the perpetrator scoop up profit reaching Rp. 15 million . Third each male perpetrator with the initials WA (25), AM (19) and MF (25) were arrested at the location different in South Sulawesi on Tuesday (25/6). AM was arrested in the district gowa , MF in the city Makassar , while WA was arrested in the district Soppeng . For his actions , the three perpetrator ensnared Article 45 paragraph (3) in conjunction with Article 27 paragraph (2) of the Republic of Indonesia Law Number 1 of 2024 concerning change second on Constitution Number 11 of 2008 (ITE Law) Concerning information and transactions electronics . All three threatened criminal prison maximum 10 years and a fine maximum IDR 10 billion .
The perpetrators are no exception business that takes advantage of matter This previously , the perpetrator business Can utilise advertisement through means electronics ( television , radio, internet) and electronic media others ( magazines , newspapers , billboards) advertising ), but in the era now , the effect in using those media For promotion no good , because many people ignore it . Because of the rapid development technology information and the internet make social media as transaction without paper and not face to face advance in a way directly . The presence of celebrity utilized with good and make perpetrator business the more easy in promote or introduce his business to audience general . In addition to the impact positive from the social media Instagram there is also an impact negative from social media social media Instagram, one of them impact negative from development developing technology in a way significant are the endorsers or the celebrities No can sort and choose in accept endorsement with load gambling , where matter That often get around it in game form , one of the the type that is online slot gambling . Activities Activity gambling which is also increasing develop No Again only shaped gambling Where only and when just while connected to conventional internet network just but it has also been loaded in online gambling , even online gambling more Lots interested Because feature its security is still difficult to be accessed Because use internet system and also can done .
Gambling own impact negative for its users , where gambling can destroying the morals and mentality of society especially for users who are still young . According to KBBI gambling or gambling is A game with use money as material the stakes . In the activity gambling is done in a way conventional has set up in Article 303 of the Criminal Code , but if activity gambling or activities that contain gambling the done in form electronic via social media or often called the virtual world, then matter the has regulated in Article 27 paragraph (2) of the Law Number 1 of 2024 (ITE Law) concerning Information and Electronic Transactions .
In a state of moment This promotion online gambling is increasingly rampant , necessary existence awareness public about risk related gambling . Emphasis on Education and Counseling public about potential danger online gambling becomes key in effort For protect individual from impact negative . Steps preventive and more supervision strict to promotion online gambling is necessary reinforced For reduce risk potential to society . During this , effort government in eradicate online gambling only focus on enforcement as well as arrest of influencers who promoted it but No touch the social media used perpetrators . Influencers who promote online gambling sites on their social media can charged accountability criminal based on the provisions contained in Article 27 paragraph (2) of the ITE Law which regulates about prohibition For distribute or transmit and access load electronics containing gambling , besides it 's inside Article 303 paragraph (1) of the Criminal Code also regulates about gambling , in the Criminal Code gambling No only regulated act in Constitution but actions that are frowned upon by society consequence promote online gambling sites , based on matter the about Promotion of online gambling sites carried out by influencers is said can fulfil elements contained in the ITE Law .
Islam throughout aspect life humans , including in matter gambling . Islam forbids it all form gambling , including gambling (online), because impact its very big negative . Evidence from the Quran and various The Prophet's hadith has highlight and discuss related gambling This including : Surah Al-Maidah verse 91 Allah SWT says. Translation " Verily demon only mean to cause enmity and hatred between You through drink hard and gambling and ( intends ) to hinder You from remembering Allah and ( performing ) prayer, then isn't it You Want to stop ?” Allah confirmed that demon That aiming create enmity and hatred between human . With persuade You take a sip drink hard and pushing You try out gambling , devil just mean to very cleverly cause hostility consequence You influenced drink hard and addictive gambling . Based on description background behind problem mentioned above formulated problem as room scope of discussion in study This namely ; How does the Influencer mode promote? online gambling on social media How accountability criminalinfluencer who promotes online gambling ?
Research methods used in study This is method study normative . Research normative This is research that examines studies document , Because of the approach This focuses on the study regulation Legislation and theory law relevant . Research normative allow study For identify and analyze existing legal norms , and understand its implementation in context protection children and justice to the victim. [15] This method also helps dig aspects related laws with rights children and consequences law for the perpetrator . In addition the author also did approach bibliography (statute approach) where approach This drip focus on approach Laws and regulations others . [16]
With progress technology and communication , there is Lots effect positive and negative . In one side , progress This increase prosperity , success and progress civilization . On the other hand , technology can also used For do violation law . In general , technology has change the way people see the world and the way they live , create a limitless world , and trigger change in various aspect life . Development technology has produce various type services in the field technology information and communication , including the internet, which is an integral part of progress technology This .
Online gambling is similar opium , where at first only try and get victory will spur desire or desire For repeat it with more bets bigger and more big Again with thinking the more a lot of money at stake so victory will to obtain more results many . Online gambling is Alone can done Where only and when just during perpetrator online gambling have Lots time free time , the amount of money used as bets in the account savings perpetrators , and computers or smartphone and internet connection used as tool For do online gambling . [17]
According to Adli, online gambling is gambling that uses the internet as a medium do betting , where in game the gambler must make agreement about provision the game and what's at stake . If his team win in match , then He entitled get everything is at stake .
A number of effect negative that can experienced teenagers playing online gambling including spend money on snacks and even must withhold hungry at school . In addition , a student must sell his laptop Because lost in games . Online gambling has Lots type , one of them is an online slot, which requires a connected smartphone to the internet. Online gambling is very popular among teenagers Because easy used and requires a small amount of money . However , this This Certain own detrimental consequences and have possibility develop become more mistakes big . Deviation tend appear in group teenagers who have same desires and interests . Society in situation This worry that entry online gambling to in community teenager can cause habit bad that can leading to more problems serious among teenager .
In context connection law between Perpetrator online gambling and influencers, there are a number of the consequences that arise consequence existence connection law between parties The influencer party For promote product or services offered by the perpetrator online gambling that endorses it and as In return , influencers receive a salary according to with rates or the agreement that has been agreed previously . The influencer then will operate his obligation with advertise or promote service in demo form or code reference stating that as if He as someone who also plays online gambling as well as show Photo Photo from profit play online gambling .
Influencer is someone who has ability to move or inspiring other people's actions in amount many do not limited room time . Influencer focus to influence behavior and audience they with using social media platforms they For share relevant content with audience they aiming For recommend product or service certain to follower they . Influencers tend to make content that reflects style life , interests , or personality they alone on social media For influence and build connection with follower they ( Agustrajanto ).
Mode is method a frequent crimes happens , or in other words can interpreted what causes a crime That happened . There is diverse mode type in act criminal gambling , which was previously this online gambling done use method conventionally run with method systematically . In terms of online gambling , this mode show how flexible activity online gambling is done .
According to soerjono mode is the method used by someone For reach objective certain , usually related with action oppose law . In the context of law , mode is often associated with method perpetrator crime do act criminal .
A number of enticement modes has make the victim interested For try play online gambling . Then , from the beginning only try , to be addicted , addicted , and finally all treasure made into bet in online gambling . Neat and attractive mode Actually cheat , have a share big somebody trapped in circle online gambling . Very necessary knowing the modes of fraud online gambling .
Mode of online gambling is give Lots profit for the player . Does not require permission special For make business online gambling , enough with web and facility gambling interesting . Installer machete advertising and promotion loaded online gambling introduces and offers game online gambling via various social media . Impact from advertising and promotion the can cause trigger desire somebody For do online gambling caused by the existence of explanation in detail related game online gambling as well as existence seduction from the installers advertising and promotion make public interested to online gambling .
Many people are developing his talent For to pursue skill in the field online promotion , one of them often known with the term “influencer”. Influencers are classified as a microcelebrity which means A style new in online behavior where somebody try For increase its popularity on the internet with use various type technology such as videos, blogs, or social networking sites .
Chief of Police , Listyo Sigit Prabowo said influencers were involved play a role in rolling practice online gambling . According to listyo , the perpetrator online gambling no only leverage influencers, but also use other platforms to to spread information question online gambling . The methods used by the group perpetrator online gambling , start from the promotion process which then utilizing backlinks on social media. Polri start put attention serious in case online gambling , up to moment This police has arrested 9,096 suspects online gambling , blocking 5,991 accounts related online gambling , and blocked 68,108 online gambling sites from 2020-2024.
Influencers often disguise advertisement online gambling with very interesting show , like content entertainment , memes, or viral videos that then invitation play online gambling . Influencers usually use account false or account with Lots his followers For link to online gambling sites . They also use term certain For to deceive system social media moderation , so that advertisement they can escape from platform detection . Advertisements That target young users active on social media with persuasive and seductive language , such as the lure of big bonuses or easy get victory .
Handling content containing element online gambling is done in accordance with provision Law no. 11 of 2008 concerning Information and Electronic Transactions that have been changed through Law no. 19 of 2016 (ITE Law) Article 27 paragraph (2).
Modes Often Used by Influencers
through interesting pictures and videos , but also with use persuasive and targeted language emotion users . There are several modes that are often used :
Advertisement undercover content interesting . Advertisement gambling often disguised in form interesting content such as memes, quizzes , or viral videos. The goal is is For interesting attention users and redirect focus from objective Actually that is promote online gambling . This mode violate regulations in Indonesia including , Law Number 19 of 2016 (ITE Law). In this case This is an influencer who promotes online gambling ensures that information conveyed contain element fraud or manipulation , including in form disguised ads as content . [3]
Giving Giveaway. Giveaway can interpreted a activities carried out somebody with method give cash prizes or goods with various type condition certain things that must be fulfilled . Online gambling with giveaway mode carried out by influencers with various type way , one of them with give present in the form of money to the victim but must pass condition certain . This mode violate regulations in Indonesia include , Law No. 11 of 2008 (ITE Law) concerning change Law no. 19 of 2016 (ITE Law) .
Live Streaming. The mode through live streaming carried out by influencers with display showing currently play online gambling and often show the victory they achieved get For interesting attention audience to be tempted For try . This mode violate Law no. 11 of 2008 (ITE Law) concerning change Law no. 19 of 2016 (ITE Law) . Rule This forbid all form action distribute , transmit , or provide information electronics that contain content gambling . Collaborate with online gambling sites . Collaboration mode with online gambling sites usually done through various strategies online gambling sites provide incentive financial or material to influencers. This mode violate rules , breaking Law no. 11 of 2008 (ITE Law) concerning change Law no. 19 of 2016 (ITE Law). [5]
Based on promote mode gambling online on naturally Already set up in Article 27 paragraph (2) jo. Article 45 paragraph (2) of the ITE Law explains that everyone who with intentionally and without right distribute , transmit , and/ or make can accessible information electronics and/ or document electronics that have load gambling as meant in Article 27 paragraph (2) is punished with criminal imprisonment for a maximum of 10 ( ten ) years and/ or a maximum fine of Rp. 10,000,000,000.00 ( ten million rupiah) . billion rupiah) .
There is development electronics that have advanced capabilities , increasingly social media day own evolving features , such as facebook , twitter, instagram, youtube , and tiktok . Without We realize precisely development technology this also creates more challenges big Again for government in eradicate crime online gambling . Ca n't denied that This online gambling can also just do site promotion through the electronic media mentioned above earlier start from in the form of form Photo to video. Influence wide from social media influencers can cause change significant social issues , especially those related to with behavior like online gambling . Promotions carried out by influencers can give more impact strong If contain Emotional Appeal . Promotion online gambling by influencers can create culture in which gambling is viewed as method worthy For increase situation finance someone who has the potential cause improvement problem gambling .
Social media such as twitter, youtube , instagram, facebook , and tiktok provide access easy and spacious for influencers to promote online gambling . Promotion online gambling often accompanied by with attractive visuals , bonus offers , or present big tease the audience . According to with provisions of Article 27 paragraph 2 of Law No. 11 of 2008 changes change Law No. 19 of 2016 (UU ITE), promotion activity gambling through electronic media , including promotion online gambling on social media platforms is violations that can charged sanctions criminal in the form of fine or punishment prison .
In theory law criminal , responsibility criminal is perspective used For determine whether somebody released or convicted . According to draft This , the perpetrator who did it violation act criminal responsible answer on his actions , and this related with base For to drop sanctions criminal . Maybe own characteristic accountability criminal , namely If a action somebody contradictory with law . However , there are condition specifically , namely the disappearance characteristic responsible answer to a criminal , where there is element in self someone who causes the disappearance ability responsible answer , which can We know as reason justifying and forgiving .
Roeslan Saleh said that , in matter accountability criminal can be interpreted as continued objective criticism that exists in action criminal and in subjective fulfil condition For can be punished Because his actions that . According to moeljatno action criminal only refers to prohibited and threatened acts with sanctions criminal and the existence of error from perpetrator act criminal . In principle accountability criminal is No convicted If No There is error . Responsibility criminal happen Because existence a action crime or violation committed by a person or legal entity . Acts violate law show characteristic his actions that is prohibited properties with sanctions criminal if violate applicable rules . In context accountability criminal , a person only can given accountability criminal if stated speak For charged accountability criminal based on age and condition his/her mental state , in other words in the context accountability criminal , found existence reason forgiving for somebody For charged accountability criminal . [18]
Arrangement law about accountability criminal for influencers who promote online gambling regulated in a way firm in Law No. 11 of 2008 (UU ITE), Article 27 paragraph 2 of the ITE Law becomes base law the main thing that prohibits all form distribution , transmission , or provision access to information charged electronics online gambling . Terms This aiming For limit distribution activities that are considered damage morality community and potential cause loss social and also economy . Promotion gambling online, often using social media , websites, or other platforms including in actions prohibited by the rules law . Based on Article 45 paragraph 2 in conjunction with article 27 paragraph 2 Law No.19 of 2016 Amendment to Law No.11 of 2008 concerning Information and Electronic Transactions , prohibited actions For distribute , transmit , or access load electronics containing gambling can result in accountability criminal for individuals who have social media accounts that promote online gambling sites . According to the Criminal Code, gambling No only regulated action in Constitution but also actions that are frowned upon by society . [6] With Thus , the promotion of online gambling sites carried out by influencers can fulfil elements of the ITE Law.
Article 303 and Article 303 bis of the old Criminal Code regulate gambling . Article 303 regulates prohibition organize , provide , or facilitate activity gambling . Any form gambling protected by regulations this , well done in a way physique and also via the internet, even though online gambling yet known in a way clear at the time the old Criminal Code was made . Gambling considered as crimes that can corrupting public morals , as emphasized in article this . threat criminal in the form of punishment prison No more from 10 years or fine No more from Rp. 25 million , which at the time That is significant amount .
Influencer Law Enforcement
Influence promotions carried out by influencers are very effective so that perpetrator business get Lots profit from posts made by influencers through account they . Promotions carried out through print media usually not enough interesting and community not enough pay attention to it For operate activity promotion ; therefore that , the perpetrator business utilise profit This as motivation For do activity business they .
According to Soerjono Soekanto , enforcement law is the process of implementing legal norms in practice , which is influenced by several factors , namely law That alone , enforcer law , means or facilities , society and culture law . Punishment criminal for influencers promote online gambling regulated in Article 27 paragraph (2) which states " that everyone who with intentionally and without right distribute and/ or transmit and/ or make can accessible Electronic Information and/ or Electronic Documents that have load gambling can shall be punished ”. Article 45 paragraph (1) also mentions that everyone who meets the requirements element as meant in Article 27 paragraph (2) it can be convicted with imprisonment for a maximum of 6 years and/ or a maximum fine of Rp. 1,000,000,000.00 ( one billion rupiah). Gambling including in book second about crime in the Criminal Code . Because gambling violate religious laws and norms, gambling considered as crime . " Whoever without permission : (1) with on purpose offer or give chance For game gambling and make it as livelihood , or with on purpose participate as well as in a company it is " threatened" with maximum ten years in prison year or criminal a maximum fine of twenty five million rupiah, according to Article 303 (1) of the Criminal Code.
Rules in the ITE Law
Constitution Electronic Information and Transactions are form development regulation law in Indonesia, due to the fact that it has not There is regulation the law that governs activity digital crime in Indonesia. The ITE Law has experience amendment For second time , amendment First Law No. 19 of 2016 and amendments both ITE Laws become Law No. 1 of 2024. Article 27 paragraph (2) regulates about digital crimes that include gambling . Regulations This more specific arrange about online gambling . Previously rule gambling in general set up in the Criminal Code. Article 27 paragraph (2) states that : " Every person with intentionally and without right distribute and/ or transmit and/ or make can accessible Electronic Information and/ or Electronic Documents that have load gambling .”. For give effect deterrent , the ITE Law also regulates sanctions criminal for the perpetrator of the violation provision the through Article 45 Paragraph 1. In article This stated that everyone who meets element as meant in Article 27 Paragraph 2 can charged punishment criminal in the form of prison maximum six year and/ or fine maximum Rp1 billion . Sanctions This show that action promote online gambling is not just violation law normal , but crime serious that can harm public wide . With set threat serious crimes , the ITE Law seeks to For eradicate all form gambling that uses technology information as a medium.
With existence provision in the ITE Law, accountability criminal to perpetrator promotion online gambling has set up in a way detailed , good in matter prohibited acts and also sanctions applied . This is show commitment government in guard digital security and protect public from impact bad online gambling .
Rules in the Criminal Code
As it develops technology has bring impact to the rise crimes that use modern technology , although type his crime same , but with vehicle game or machine different games , will but man No using new game media the with Good . So it's very important there are legal media like Law , because that law considered capable overcome act crime In the setting criminal about gambling in indonesia according to the Criminal Code first formerly We must know difference from definition gambling usual ( in general) live ) and gambling by online.
In the old Criminal Code, the rules about gambling set up through Article 303 and Article 303 bis. Article 303 of the Criminal Code regulates about prohibition organize , provide , or facilitate activity gambling . Settings This applicable For all form gambling , including those carried out in a way physique or online, although online gambling yet known in a way explicit at the time the old Criminal Code was drafted . This article emphasize that gambling considered as crimes that can damaging the morals of society . Threats the criminal penalty imposed in the form of punishment prison maximum 10 years or fine maximum amounting to Rp. 25 million , which at that time That is significant amount .
Article 303 bis complements provision in Article 303 with add prohibition to all form supporting activities or help organization gambling , such as become intermediary bet or provide place gambling . Although Articles 303 and 303 bis do not in a way explicit arrange promotion gambling through digital media, promotion online gambling can enter in category help organization gambling . With Thus , the perpetrator promotion online gambling in the old Criminal Code era can ensnared with chapter This If proven that his actions support or facilitate activity online gambling .
Conclusion about This influencer mode problem promoting online gambling based on study and description discussion above , Mode is method a frequent crimes happens , or in other words can interpreted what causes a crime That happened . There is diverse mode type in act criminal gambling , which was previously gambling This done use method conventionally run with method systematically . In terms of online gambling , this mode show how flexible activity online gambling is done . mode of promoting gambling online naturally Already set up in Article 27 paragraph (2) jo. Article 45 paragraph (2) of the ITE Law explains that everyone who with intentionally and without right distribute , transmit , and/ or make can accessible information electronics and/ or document electronics that have load gambling as meant in Article 27 paragraph (2) is punished with criminal imprisonment for a maximum of 10 ( ten ) years and/ or a maximum fine of Rp. 10,000,000,000.00 ( ten million rupiah) . billion rupiah). Conclusion of the formulation the second problem from study the that is accountability of influencers who promote online gambling on social media based on study and discussion above , Settings law about accountability criminal for influencers who promote online gambling regulated in a way firm in Law No. 11 of 2008 (UU ITE), Article 27 paragraph 2 of the ITE Law becomes base law the main thing that prohibits all form distribution , transmission , or provision access to information charged electronics online gambling . Terms This aiming For limit distribution activities that are considered damage morality community and potential cause loss social and also economy . Online promotion , which often uses social media , websites, or other platforms including in actions prohibited by the rules law .
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