Criminal sanctions for online gambling from the perspective of the indonesian criminal code (kuhp) article 303 paragraph (1) and aceh qanun number 6 of 2014

Asep Sapsudin ,Heri Achmad Rivai ,Adad Musadad
Keywords: Criminal Sanctions, Online Gambling, Aceh Qanun, Indonesian Criminal Code (KUHP), and Information and Electronic Transactions Law (UU ITE) ,

Abstract

In this modern era, the advancement of time is rapidly progressing, especially in the field of technology. However, this development has led to a backlash on society, as crimes are not only committed in the physical world but also through the internet, known as cybercrime. The most common cybercrime is online gambling. With its development, gambling, specifically online gambling, has grown and expanded with the increasing number of users of internet-based electronic devices. The legal regulation of gambling offenses is governed by Article 303 of the Indonesian Criminal Code (KUHP) and Article 303 bis of the Indonesian Criminal Code. The criminal penalties are further enhanced under Article 2, paragraphs (1), (2), and (3) of Law Number 7 of 1974 concerning the Regulation of Gambling. The regulation of gambling also exists in Aceh Qanun Number 6 of 2014 concerning Islamic Criminal Law. The law enforcement policy for online gambling offenses is carried out based on the provisions of Article 27, paragraph (2), and Article 45, paragraph (1) of Law Number 11 of 2008 concerning Electronic Information and Transactions. This research uses a qualitative research method with a normative juridical approach. The type of research to be conducted is a literature study (Library Search), referring to legal norms found in library materials and secondary data. In reality, the investigators of the Indonesian National Police still often use Article 303 of the Indonesian Criminal Code to prosecute online gambling offenders due to difficulties in applying Article 43, paragraph (6) of Law Number 11 of 2008, which requires investigators to obtain approval from the Chief Judge of the local District Court within twenty-four hours for the arrest and detention. Therefore, it is necessary to create new laws or improve existing provisions to address online gambling.