Criminal Law Formulation in Combating Gambling Criminal Acts

Abstract

“Criminal Law Formulation in Combating Gambling Crimes” aims to analyze and formulate criminal law policies to eradicate gambling crimes in Indonesia. Gambling is classified as a social disease that causes moral, economic, and legal harm to society. Despite regulations in Articles 303 and 303 bis of the Criminal Code and Law Number 7 of 1974 concerning the Regulation of Gambling, as well as Article 27 paragraph (2) of the ITE Law, gambling—especially online—is still widespread. This study adopts a normative juridical approach, emphasizing the examination of secondary legal materials including statutory regulations, legal doctrine, and literature. The results indicate that current criminal law regulations have weaknesses both in the criminal formulation stage and in their implementation, especially in terms of legal certainty and deterrent effects. Future criminal law formulations should emphasize comprehensive policies, combining penal (repressive) and non-penal (preventive and educational) approaches that are in line with the principles of social defense and social welfare policies. This study concludes that the effectiveness of gambling crime prevention depends on the synchronization of legal reform, consistent law enforcement, and active public participation in supporting the creation of a law-abiding society.