Optimizing the Eradication of Online Gambling Crimes in Demak City

Abstract

Even though online gambling has been prohibited in Article 27 paragraph (2) of the ITE Law, Article 303 of the Criminal Code, Article 303 bis of the Criminal Code, Article 45 paragraph (2) of Law Number 19 of 2016 concerning Amendments to Law no. 11 of 2008 concerning Information and Transactions, Regulation of the Minister of Communication and Information Technology Number 19 of 2014 concerning the Implementation of Gambling Games via the Internet and Regulation of the Minister of Communication and Information Technology Number 36 of 2014 concerning the Implementation of Electronic Payment Transaction Systems and Regulation of the Minister of Communication, but in reality online gambling continues develop. The type of research used in this paper is analytical descriptive legal research. Based on the results of the research conducted, it can be seen that the causes of the rise of online gambling in the Demak Police area are economic problems, community disobedience to the law, low moral factors in Human Resources (HR), and tradition. The eradication of online gambling in the Demak Police area has not been effective, this is shown by the fact that although strict criminal sanctions against gambling perpetrators have been regulated, online gambling is prohibited in Article 27 paragraph (2) of the ITE Law, Article 303 of the Criminal Code, Article 303 bis of the Criminal Code. , Article 45 paragraph (2) Law Number 19 of 2016 concerning Amendments to Law no. 11 of 2008 concerning Information and Transactions, Regulation of the Minister of Communication and Information Technology Number 19 of 2014 concerning the Implementation of Gambling Games via the Internet and Regulation of the Minister of Communication and Information Technology Number 36 of 2014 concerning the Implementation of Electronic Payment Transaction Systems and Regulation of the Minister of Communication, but in reality online gambling continues develop However, during the last five years (2018-2023) there has only been one case file handled regarding online gambling. This ineffectiveness is mainly due to the lack of clear regulations regarding online gambling offenses and minimal law enforcement facilities. The main obstacle in eradicating online gambling is related to the existence of Article 43 paragraph (6) of Law Number 11 of 2008 jo. Law Number 19 of 2016 concerning Electronic Information and Transactions. So Article 43 paragraph (6) Law Number 11 of 2008 jo. Law Number 19 of 2016 concerning Electronic Information and Transactions needs to be reviewed.