This is the Prohibition of Online Gambling under the ITE Law

The world of gambling is still an addiction for some people who still like to try their luck this way. Even further, the practice of gambling is now more sophisticated and can be done via online. This makes it difficult for law enforcement to track down the perpetrators of gambling practices. Because the type of online gambling is very difficult to identify, and many use guises that do not look like gambling.

Indonesia as a state of law is also quick to respond in dealing with this online gambling case. The making of the ITE Law is one solution, which also contains several rules regarding violations of gambling practices. Armed with this law, the law enforcers of this nation are at least a little relieved. Because there is a legal umbrella that underlies to take action on violations of gambling practices that occur in the community.

Several articles in the law have regulated the prohibition of online slot gambling practices , especially the ITE Law to reduce the spread of gambling through online. However, the virtual world seems limitless so that unscrupulous gamblers can always find loopholes to gamble without being traced. Among the laws governing the prohibition of gambling is Article situs judi sa gaming of the Criminal Code.

The Gambling Prohibition Act reads

There are two articles that prohibit gambling (offline) and online gambling contained in the Criminal Code, namely articles 303 and 303 bis. Where in essence the sound of the article is:

  • Article 303: The threat of a sentence of 10 years in prison and a fine of 25 million rupiah.

Among the points that form the basis of the punishment are:

  • If there is a person or group of people who deliberately provide an offer or an opportunity for people to play gambling and it is used as a livelihood, or that person knowingly and intentionally participates in the practice.
  • Provision of conditions and offers that are conditional or not to practice gambling.
  • Making games in gambling a form of livelihood and trying their luck in their daily lives.
  • Article 303 bis: The maximum penalty is 4 years in prison and a fine of 4 million rupiah.

If you commit a violation in the form of:

  • A person who uses the opportunity, whether intentional or not, to gamble and violate article 303.
  • A person or group of people who are involved in a gambling practice that is held in a public place (street, roadside or a place visited by the general public) and violates article 303 without the permission of the local authorities.

Basically all forms of online gambling, whether online slots or gambling that is done directly, is a violation that must be subject to sanctions. This has been regulated in Article 1 of Law 7/1974 which explains that all forms of gambling is a crime that must be punished. And enhanced by Articles 303 and 303 bis which are more conical to any game that contains elements of gambling, will be subject to criminal penalties in accordance with the violations committed.

The ITE Law Discusses the Prohibition of Gambling

The more widespread the practice of gambling which is also carried out online, the ITE Law finally intervened and issued a new law related to violations committed on the internet (gambling). This has been clearly regulated in the ITE Law article 27 paragraph 2 which states that:

  • Anyone who knowingly and intentionally without having the right to distribute or transmit or provide a way to be able to access information via electronics or the like that contains elements of gambling in it, will be subject to criminal sanctions.
  • The criminal threat for violating the article that discusses online gambling is regulated in article 45 paragraph 2 of Law 19/2016 which explains that the maximum criminal penalty for a criminal offense of gambling is 6 years in prison and a fine of 1 billion rupiah.

The laws of both the Criminal Code and ITE have clearly explained the prohibition of the following gambling practices and the strict sanctions in them. However, until now the perpetrators seem never deterred. Just because you are tempted by a victory that may only be obtained occasionally. Even today, there are many online-based gambling practices in the name of a game.

So that law enforcers in this country find it very difficult to track and prosecute these individuals. Even online slot sites are currently also widely spread on the internet. The unlimited number makes it difficult for trackers to simply filter the site. As a result, almost all groups of people can freely access and play it online without worrying about being tracked.

The Process of Arresting by the Police Against Gambling Perpetrators

The process of arresting perpetrators who are proven to have practiced gambling is carried out by the authorities (police). However, before making an arrest, usually there are several things that form the basis of the arrest, for example the reports of some concerned residents, the discovery of evidence at the crime scene, or other evidence that is considered strong enough to serve as a basis.

Well, the procedure for arresting online slot gambling perpetrators is regulated in Article 17 of the Criminal Procedure Code which states that an arrest will be made to a person or group of people suspected of committing a gambling crime with sufficient evidence. However, in the process of arresting him, it is regulated in Article 18 of the Criminal Procedure Code, namely:

  • The arrest of perpetrators of gambling practices is carried out by law enforcers, namely the police based on a letter of assignment and an arrest warrant for the perpetrators of gambling. Where in the arrest warrant has been stated the identity of the perpetrator and the clear reason for his arrest.
  • Arrests can be made in a short time (immediately) without a warrant on the condition that the perpetrator must be submitted along with evidence of the gambling violation committed.
  • The arrest warrant for the perpetrator of the gambling offense is then forwarded to the perpetrator’s family as a notification and warning of the arrest of the gambling offender.

Semua hal yang berkaitan dengan pelanggaran praktek perjudian telah diatur di dalam undang-undang, baik sanksi pidananya maupun prosedur penangkapan pelakunya. Akan tetapi, hal ini tidak lantas membuat para pelaku judi online merasa jera. Mereka justru seperti tertantang dengan terus melakukan praktek perjudian tersebut. Terlebih untuk jenis perjudian online yang berkedok permainan yang saat ini sudah bebas diunduh di aplikasi pengunduh. Dimana dampak negatifnya akan membuat para pelaku menjadi ketagihan yang sulit untuk disembuhkan.

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Gambling is a criminal case that must be avoided, whether it is done directly or in the form of online gambling. In addition to severe criminal sanctions, social sanctions for families at home are also quite embarrassing. Therefore, as much as possible avoid the practice of gambling in any form. Don’t get trapped in a black world under the guise of gambling.