The Relevance of Cybercrime to Online Gambling Crimes

Abstract

The aim of this research is to find out and analyze the implications of the lex specialis for online gambling with the lex generalis in a legal analytical manner.The approach method used in this writing is normative juridical. This writing specification is analytical descriptive. In the Criminal Code, the criminal act of gambling is regulated, but this rule is general in nature (lex generalis) whereas Law Number 11 of 2008 also regulates the criminal act of gambling which has special elements such as the article elements contained in Article 27 paragraph 2, namely the element: distributing, transmitting, and elements of making accessible. So it can be said that Law Number 11 of 2008 is a special regulation (Lex Specialis) of the Criminal Code. The lex specialis provisions must be balanced in their entirety with all the various aspects required to be the same and coexist with one another. The existence of the Lex Specialis Derogat Legi Generalis principle is contained in Article 63 paragraph 2 of the Criminal Code which states that if all acts included in criminal regulations are general in nature, but are regulated in criminal regulations which are special in nature, then the special nature is applied. ITE Law Number 11 of 2008 is a special regulation (Lex Specialis). The Criminal Code regulates the crime of gambling, but this regulation is general (Lex Generalis), meaning it does not apply to online gambling.