A NORMATIVE JURIDICAL ANALYSIS OF CRIMINAL LIABILITY FOR THE DISSEMINATION OF ELECTRONIC INFORMATION CONTAINING GAMBLING CONTENT

Abstract

Advancements in information technology have led to the emergence of various forms of electronic based crimes, one of which is the dissemination of electronic information containing gambling content. Such acts not only violate criminal law provisions but also negatively impact public order, morality, and the security of the digital space. This study aims to analyze the evidentiary process for online gambling crimes under the Electronic Information and Transactions Law, examine judicial considerations in sentencing perpetrators who disseminate gambling related electronic information, and investigate evidentiary obstacles and their resolutions based on a specific case in South Jakarta. The research findings indicate that the evidentiary process relied on admissible evidence as stipulated in the Criminal Procedure Code, supplemented by electronic evidence in accordance with the Electronic Information and Transactions Law. The panel of judges ruled that the defendant was legally and convincingly proven to have committed the crime of intentionally and without authorization distributing or making accessible electronic information containing gambling content. In rendering the verdict, the judges considered juridical aspects such as the fulfillment of criminal elements, evidence, and trial facts as well as non juridical aspects, including the defendant’s attitude, the impact of the act, and the objectives of sentencing. Evidentiary challenges included issues related to the nature of digital evidence, perpetrator identification, and the constantly evolving landscape of information technology. In conclusion, criminal liability for the dissemination of gambling related electronic information in the South Jakarta case was applied in accordance with prevailing legal provisions, specifically the Electronic Information and Transactions Law and Indonesian criminal law.