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| Tinuk Dwi Cahyani, S.H., S.HI., M.Hum., Ph.D. (Photo: Special) |
Gambling is a game that uses money or valuable items as bets. The practice of gambling, including lottery gambling, is not unfamiliar in Indonesia. In Indonesia, gambling is prohibited. However, in reality, many people still gamble. It is important to note that criminal sanctions are looming over gambling operators and players.
Tinuk Dwi Cahyani, S.H., S.HI., M.Hum., Ph.D., a lecturer at the Faculty of Law (FH) of the University of Muhammadiyah Malang (UMM), stated that resolving gambling cases depends on the type of gambling. For instance, lottery gambling, which is easily detectable, can be resolved through non-litigation processes. "It can be through restorative justice or mediation and so on," Tinuk said.
Other types of gambling, such as online gambling and others that are more sophisticated or involve larger amounts, can use the criminal justice system. This means using litigation processes to create a deterrent effect. However, it is important to address the issue thoroughly. "This needs to be noted. Small-scale village gambling cannot be equated with high-stakes gambling," Tinuk added.
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For online gambling perpetrators, Tinuk continued, they can be charged under Article 27 (paragraph 2) of the ITE Law. The penalty for violators is imprisonment for up to 6 years and/or a fine of up to IDR 1,000,000,000 (one billion rupiah). For operators, a combination of Article 27 paragraph (2) of the ITE Law with Article 45 paragraph (2) of the ITE Law can be applied.
"In our Criminal Code (KUHP), it can be seen in Article 303 paragraph (1) where gambling perpetrators can be threatened with a minimum imprisonment of up to 10 years or a maximum fine of Rp 25 million. Then, Article 303 bis paragraph (1) of the KUHP stipulates a maximum prison sentence of 4 years or a maximum fine of IDR 10 million," she explained.
Indonesia is a paradise for online gambling because there is no tax, so the state does not gain any benefits. Compared to Malaysia, online gambling has a special place. The funds obtained are then separated from the clean income revenues.
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"Indonesia should not be a place for gambling while the benefits are enjoyed by other countries," she said.
According to Tinuk, to prevent the spread of gambling, the role of the government is very important. There needs to be firm action, including by the ministry and all related parties. Influential people, such as law enforcement officers, should not be involved in gambling. "The implementation should be firm by the applicable laws," Tinuk concluded. (dev/wil/fajr)
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