THE EFFECTIVENESS OF LAW ENFORCEMENT AGAINST INDONESIAN CITIZENS WHO GAMBLE ONLINE ABROAD

Abstract

Since online gambling is a cybercrime, those who commit it are not required to be under the Republic of Indonesia's jurisdiction. Research question: According to Article 27 paragraph (2) of the Electronic Information and Transactions Law, how effective is the criminal penalty for Indonesian nationals who engage in online gambling overseas? What elements of the Electronic Information and Transactions Law-based evidence pertain to online gambling? Findings from the research: According to Article 27 paragraph (2) of the Republic of Indonesia Law on Electronic Information and Transactions, the efficacy of criminal penalties for Indonesian nationals who engage in online gambling overseas can vary based on a number of factors, including international cooperation, legal regulations, and law enforcement, By applying Article 45 paragraph (1) in conjunction with Article 52 paragraph (4) of the ITE Law, technology, prevention and education, effective courts, and community support are deemed effective and refer to the Active National Principle in Article 2 of the ITE Law and Article 5 of the Criminal Code. In accordance with the provisions found in Article 184 in conjunction with Article 183 of the Criminal Procedure Code and Article 5 paragraph (2) of the ITE Law, the elements that are fulfilled, the evidence used, and the course of the proof process in court are the basis for proving online gambling under the Republic of Indonesia Law on Information and Electronic Transactions.