Reconstruction of Criminal Law Policy on Online Gambling Promotion in Social Media

Abstract

The development of digital technology has presented new challenges in criminal law enforcement, particularly regarding the increasingly massive and difficult-to-control promotion of online gambling on social media. This normative research with statutory and comparative approaches analyzes the criminal law regulations on online gambling promotion on social media and formulates an ideal reconstruction of criminal law policy to address this phenomenon. The research findings indicate that current criminal law regulations are scattered across Article 27 paragraph (2) in conjunction with Article 45 paragraph (3) of ITE Law No. 1/2024 with a maximum penalty of 10 years imprisonment and/or a fine of IDR 10 billion, as well as Article 426 of Law No. 1 of 2023 concerning the Criminal Code with a maximum penalty of 9 years imprisonment or a category VI fine. However, the implementation of legal policy still faces various complex challenges due to the rapid adaptation of perpetrators' modus operandi and limitations of the digital surveillance system. The ideal reconstruction of criminal law policy includes strengthening specific regulations for social media platforms, establishing artificial intelligence-based content detection and moderation systems, implementing corporate sanctions for negligent platforms, and enhancing multi-stakeholder coordination among law enforcers, digital regulators, and social media service providers.