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)

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.