Gambling Law Background in Indonesia

Oct 13, 2025 by leolavanderia.com.br 5 views

Online Gambling Law Enforcement Conducted by Sat.Reskrim Polrestabes Medan: Analysis of the Implementation of the Criminal Code and the ITE Law

Online gambling has become a widespread criminal offense that requires strict handling and law enforcement. As a law enforcement agency, Sat.Reskrim Polrestabes Medan has the responsibility to overcome this problem, especially through the application of the Criminal Code (KUHP) and Law No. 11 of 2008 concerning Information and Electronic Transactions (ITE Law). In this article, we will discuss the background of gambling law in Indonesia, the challenges of law enforcement to online gambling, research methods, research results, solutions that can be applied, and conclusion.

Gambling Law Background in Indonesia

Initially, gambling in Indonesia was regulated in Article 303 of the Criminal Code, with the threat of imprisonment for two years and eight months or a maximum fine of Rp. 90,000. However, along with the times and high gambling rates, the government issued Law No. 7 of 1974 which aggravated sanctions for gambling perpetrators. Article 303 paragraph (1) is changed to a maximum sentence of 10 years in prison or a fine of up to Rp. 25,000,000.

This change in regulation reflects the government's efforts in dealing with gambling issues. Nevertheless, the application of law to gambling that is carried out online shows new challenges. The reason, gambling through the internet cannot be treated the same as traditional gambling. The traditional gambling method is easy to detect and prove, whereas online gambling is a complex and digital activity that requires specialized knowledge and skills to investigate and prosecute.

The Challenges of Law Enforcement to Online Gambling

One of the biggest challenges in enforcement of online gambling law is the proof process. In the context of ordinary gambling, evidence such as dice, cards, or cash can be used to prove the existence of criminal acts. However, in the case of online gambling, transactions are carried out digitally and are not physically visible, thus raising questions about evidence that can be used. The lack of physical evidence makes it difficult for investigators to prove the existence of online gambling activities.

Another problem faced is the obscurity of the law related to the elements stipulated in the Criminal Code. Indonesian criminal law does not contain elements related to information technology, making it difficult to prove gambling actions carried out through online media. In addition, the existence of the ITE Law has not been fully optimized in the enforcement of online gambling law, because sanctions in the ITE Law are considered lighter than the Criminal Code. The ITE Law is not specifically designed to address online gambling, and its sanctions are not sufficient to deter perpetrators.

Research Methods

This study uses a normative legal approach with an analytical descriptive nature. The data used comes from primary, secondary, and tertiary legal materials. Data collection techniques include literature and interview studies, analyzed using qualitative methods. The research aims to analyze the implementation of the Criminal Code and the ITE Law in online gambling law enforcement.

Research Result

The results showed that Sat.Reskrim Polrestabes Medan still used the instrument of Article 303 of the Criminal Code in handling online gambling. This shows that an understanding of the ITE Law has not been fully applied in the practice of law enforcement. The obstacles faced include the lack of knowledge of investigators about technological developments, as well as the need for experts to provide information related to electronic evidence. The lack of understanding of the ITE Law and the lack of expertise in electronic evidence collection hinder the effectiveness of online gambling law enforcement.

Solutions that can be Applied

To increase the effectiveness of online gambling law enforcement, several solutions can be applied. First, it is important to implement the principle of Lex Specialis Derogat Legi Generalis, which means more specific laws override more general laws. In addition, training on information technology for investigators needs to be held so that they better understand how online gambling works. Finally, the submission of additional budgets and improving infrastructure facilities is also important to support law enforcement activities. The implementation of the principle of Lex Specialis Derogat Legi Generalis and the provision of training on information technology can improve the effectiveness of online gambling law enforcement.

Conclusion

Law enforcement of online gambling by Sat.Reskrim Polrestabes Medan faces various challenges, especially related to the proof and application of the ITE Law. With an effort to increase the understanding of investigators, as well as renewal in the application of law, it is hoped that handling online gambling can be carried out more effectively and efficiently, in order to maintain legal integrity and community welfare. The effective enforcement of online gambling law is crucial to prevent the spread of this criminal activity and to protect the community from its negative impacts.

Keywords: Online gambling, law enforcement, Sat.Reskrim Polrestabes Medan, Criminal Code, ITE Law, Lex Specialis Derogat Legi Generalis, information technology, electronic evidence.

References:

Law No. 7 of 1974 concerning the Aggravation of Sanctions for Gambling Perpetrators.
Law No. 11 of 2008 concerning Information and Electronic Transactions.
Article 303 of the Criminal Code.
Sat.Reskrim Polrestabes Medan. (2020). Annual Report on Online Gambling Law Enforcement.
Various studies and research papers on online gambling law enforcement.
Q&A: Online Gambling Law Enforcement Conducted by Sat.Reskrim Polrestabes Medan

In our previous article, we discussed the challenges of law enforcement to online gambling and the importance of effective law enforcement to prevent the spread of this criminal activity. In this article, we will answer some frequently asked questions (FAQs) related to online gambling law enforcement conducted by Sat.Reskrim Polrestabes Medan.

Q: What is the main challenge in enforcing online gambling law?

A: The main challenge in enforcing online gambling law is the proof process. Online transactions are carried out digitally and are not physically visible, making it difficult for investigators to prove the existence of online gambling activities.

Q: How does the ITE Law affect online gambling law enforcement?

A: The ITE Law has not been fully optimized in the enforcement of online gambling law. The sanctions in the ITE Law are considered lighter than the Criminal Code, making it difficult to deter perpetrators.

Q: What is the role of Sat.Reskrim Polrestabes Medan in online gambling law enforcement?

A: Sat.Reskrim Polrestabes Medan is responsible for enforcing online gambling law in Medan. They use the instrument of Article 303 of the Criminal Code in handling online gambling cases.

Q: What are the obstacles faced by Sat.Reskrim Polrestabes Medan in enforcing online gambling law?

A: The obstacles faced by Sat.Reskrim Polrestabes Medan include the lack of knowledge of investigators about technological developments, as well as the need for experts to provide information related to electronic evidence.

Q: What solutions can be applied to increase the effectiveness of online gambling law enforcement?

A: Several solutions can be applied, including the implementation of the principle of Lex Specialis Derogat Legi Generalis, training on information technology for investigators, and the submission of additional budgets and improving infrastructure facilities.

Q: Why is effective online gambling law enforcement important?

A: Effective online gambling law enforcement is crucial to prevent the spread of this criminal activity and to protect the community from its negative impacts.

Q: What are the consequences of ineffective online gambling law enforcement?

A: Ineffective online gambling law enforcement can lead to the spread of this criminal activity, causing harm to individuals and the community.

Q: How can the community contribute to effective online gambling law enforcement?

A: The community can contribute by reporting suspicious online gambling activities to the authorities and by being aware of the risks associated with online gambling.

Q: What is the future of online gambling law enforcement in Indonesia?

A: The future of online gambling law enforcement in Indonesia depends on the implementation of effective solutions to address the challenges faced by law enforcement agencies.

Keywords: Online gambling, law enforcement, Sat.Reskrim Polrestabes Medan, Criminal Code, ITE Law, Lex Specialis Derogat Legi Generalis, information technology, electronic evidence.

References:

Law No. 7 of 1974 concerning the Aggravation of Sanctions for Gambling Perpetrators.
Law No. 11 of 2008 concerning Information and Electronic Transactions.
Article 303 of the Criminal Code.
Sat.Reskrim Polrestabes Medan. (2020). Annual Report on Online Gambling Law Enforcement.
Various studies and research papers on online gambling law enforcement.