Law Enforcement against Online Gambling Offenders based on the Theory of Justice

Online gambling is a form of cybercrime that must be prevented and eradicated. Law enforcement efforts are needed so that this crime does not continue to develop. This study discusses the regulation of online gambling crimes based on legislation in Indonesia and its law enforcement based on the theory of justice. This study uses a normative legal research method. The results of the study show that online gambling in Indonesia is prohibited in Article 27 paragraph (2) of Law Number 1 of 2024, which includes acts of offering, providing opportunities, making it a livelihood, or being involved in gambling businesses. Violators of this provision can be subject to a maximum sentence of 10 years in prison and/or a maximum fine of IDR 10 billion in accordance with Article 45 paragraph (3) of Law 1/2024. In addition, gambling provisions are also regulated in Articles 303 and 303 bis of the Criminal Code and Articles 426 and 427 of the new Criminal Code (Law 1/2023). Law enforcement based on the theory of justice emphasizes the importance of a balance between the strictness of the law and respect for human dignity. It is hoped that there will be legal updates related to online gambling through the Criminal Code, legislation, government regulations, and ministerial regulations that are able to provide strict criminal sanctions but still pay attention to human rights.

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Publication Details

Journal
LITERATUS
Published
2025-04-08
DOI
https://doi.org/10.37010/lit.v7i1.1990
Citations
1
Primary Topic
Legal and Social Justice Studies
Type
article
Field-Weighted Citation Impact
15.98
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article

Law Enforcement against Online Gambling Offenders based on the Theory of Justice

Sudarto Sudarto, Diding Rahmat, Sandy Kelvin Anugrah
1 citations
LITERATUS
Legal and Social Justice Studies
15.98
article

Law Enforcement against Online Gambling Offenders based on the Theory of Justice

Sudarto Sudarto, Diding Rahmat, Sandy Kelvin Anugrah
article en
1 citations

Abstract

Online gambling is a form of cybercrime that must be prevented and eradicated. Law enforcement efforts are needed so that this crime does not continue to develop. This study discusses the regulation of online gambling crimes based on legislation in Indonesia and its law enforcement based on the theory of justice. This study uses a normative legal research method. The results of the study show that online gambling in Indonesia is prohibited in Article 27 paragraph (2) of Law Number 1 of 2024, which includes acts of offering, providing opportunities, making it a livelihood, or being involved in gambling businesses. Violators of this provision can be subject to a maximum sentence of 10 years in prison and/or a maximum fine of IDR 10 billion in accordance with Article 45 paragraph (3) of Law 1/2024. In addition, gambling provisions are also regulated in Articles 303 and 303 bis of the Criminal Code and Articles 426 and 427 of the new Criminal Code (Law 1/2023). Law enforcement based on the theory of justice emphasizes the importance of a balance between the strictness of the law and respect for human dignity. It is hoped that there will be legal updates related to online gambling through the Criminal Code, legislation, government regulations, and ministerial regulations that are able to provide strict criminal sanctions but still pay attention to human rights.

LITERATUSVol. 7(1)
Universitas Suryadarma (ID)
Openalex Percentile: Top 2%
Legal and Social Justice Studies
15.98
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