Bambang Hariyanto, Cipto Kuncoro, Moh. Hudi, Siti Afiyah, Ariefah Sundari

Criminal Responsibility for Defendants in Online Gambling Crimes under Article 303 Paragraph (1) Number 2 of the Indonesian Penal Code (A Case Study of Verdict Number 145/Pid.B/2024/PN.Lmg)

Introduction

Criminal responsibility for defendants in online gambling crimes under article 303 paragraph (1) number 2 of the indonesian penal code (a case study of verdict number 145/pid.b/2024/pn.lmg). Examines criminal responsibility for online gambling in Indonesia under Article 303 (1) No. 2 of the Penal Code. Analyzes legal considerations in Verdict 145/Pid.B/2024/PN.Lmg.

Abstract

Online gambling is a modern criminal phenomenon that has rapidly developed in Indonesia, in line with the increasing penetration and utilisation of information technology across various aspects of societal life. The ease of access, the anonymity of perpetrators, and its cross-border reach render online gambling a complex form of crime that is difficult to eradicate through conventional law enforcement mechanisms. This situation gives rise to legal issues concerning regulation and the imposition of sanctions, particularly in determining whether the elements of online gambling offences can be fully subsumed under the elements of gambling as stipulated in the Indonesian Penal Code. This study aims to analyse the conformity of the elements of online gambling offences with the provisions of Article 303 paragraph (1) number 2 of the Indonesia Penal Code, as well as to examine the legal considerations employed by judges in delivering verdicts on online gambling cases. The research is conducted using normative legal methods, employing statutory, conceptual, and case approaches, with a focus on Decision Number 145/Pid.B/2024/PN.Lmg as the primary reference. The findings reveal that online gambling shares substantial elements with conventional gambling, yet differs in terms of media and modus operandi. These differences necessitate the application of specific legal provisions (lex specialis), as regulated under Law Number 11 of 2008 concerning Electronic Information and Transactions. Furthermore, the analysis of judicial considerations indicates that electronic evidence and contextual legal interpretation, aligned with technological developments, are key factors in ensuring verdicts that are responsive to the dynamics of modern crime.

Review

The paper "Criminal Responsibility for Defendants in Online Gambling Crimes under Article 303 Paragraph (1) Number 2 of the Indonesian Penal Code (A Case Study of Verdict Number 145/Pid.B/2024/PN.Lmg)" addresses a highly relevant and pressing issue concerning the legal challenges posed by online gambling in Indonesia. Amidst rapid technological advancements and the increasing complexity of cybercrime, the study appropriately focuses on the difficulties in applying conventional legal frameworks, specifically Article 303 paragraph (1) number 2 of the Indonesian Penal Code, to modern online gambling offences. By examining the conformity of online gambling elements with existing legislation and scrutinizing judicial considerations in a specific case (Verdict Number 145/Pid.B/2024/PN.Lmg), the authors aim to shed light on the intricacies of legal interpretation and enforcement in the digital age. This targeted approach offers valuable insights into how the Indonesian legal system is adapting to evolving criminal phenomena. Employing a normative legal methodology, incorporating statutory, conceptual, and case approaches, the research provides a robust framework for its analysis. The findings reveal a crucial distinction: while online gambling shares fundamental elements with conventional gambling, its unique media and modus operandi necessitate the application of *lex specialis* provisions, specifically Law Number 11 of 2008 concerning Electronic Information and Transactions (EIT). This highlights a critical need for modern legal instruments to address technologically mediated crimes effectively. Furthermore, the study's examination of judicial considerations in Verdict Number 145/Pid.B/2024/PN.Lmg demonstrates that electronic evidence and contextual legal interpretation, aligned with technological developments, are paramount for ensuring responsive and just verdicts in such contemporary cases. The paper makes a significant contribution by underscoring the necessity of a nuanced legal approach to online gambling crimes, moving beyond a sole reliance on conventional penal code provisions. Its emphasis on the EIT Law as *lex specialis* offers practical guidance for legal practitioners and policymakers striving to enhance the efficacy of law enforcement in the digital realm. The focus on a specific verdict provides a concrete example of how judges navigate these complex legal and technological intersections. While the case study approach inherently limits the generalisability of findings, it provides a solid foundation for further research into broader patterns of judicial decision-making across multiple online gambling cases. This study is thus a valuable resource for understanding and addressing the evolving landscape of criminal responsibility in the context of information technology.

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