Promoting Online Gambling Can Break the Law, Here’s the Explanation

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Jakarta, The Minister of Communication and Information (Menkominfo) is trying to eradicate the practice of online gambling by imposing punitive sanctions on those who promote it.

In order to reduce these actions, the government has established a number of regulations that prohibit the promotion of online gambling. However, until now there are still many online gambling sites operating, even openly promoted by a number of influencers.

Promoting online gambling is an unlawful act. The law on online gambling is stated in Article 303 BIS Paragraph (1) of the Criminal Code and also stated in Article 27 Paragraph 2 of Law Number 11 of 2008.

Online Gambling Law According to the ITE Law
Reported by the Ministry of Communication and Information, Tuesday (20/9/2023), Article 27 Paragraph 2 states that every person with or without the right to distribute and/or transmit and/or make accessible electronic information and/or electronic documents containing gambling content is threatened with punishment. heavy one.

For criminal acts received by perpetrators, it is regulated in Article 45 Paragraph 2. “The punishment for perpetrators is that they are subject to imprisonment for a maximum of 6 (six) years and/or a fine of a maximum of IDR 1 billion,” reads the article.

Promoting or advertising gambling is punishable by penalties as explained above. This penalty applies not only to advertisers, but also to the advertising material itself.

Laws in the Criminal Code
Then, anyone who promotes gambling will be given sanctions, as stated in Article 303 of the Criminal Code. Here’s the explanation:

According to Article 303 of the Criminal Code Paragraph 1, this is the explanation
Anyone without permission is threatened with a maximum imprisonment of 10 years or a maximum fine of IDR 25 million.

1. Deliberately offering or providing opportunities for gambling games and making it a pursuit, or deliberately participating in an enterprise for that purpose.

2. Deliberately offering or giving the general public the opportunity to gamble or deliberately taking part in the company to take advantage of the opportunity for a condition or procedure to be fulfilled.

3. Make participating in gambling games a livelihood.

Article 303 BIS Paragraph (1) of the Criminal Code
Apart from promoting or advertising online gambling, the gamblers themselves will also be threatened with punishment as stated in Article 303 BIS Paragraph (1) of the Criminal Code. The following is the explanation.

Threatened with a maximum prison sentence of 4 years or a maximum fine of IDR 10 million:

1. Anyone who uses the opportunity to play gambling, which is held in violation of the regulations in Article 303;

2. Anyone who takes part in gambling games held on a public road or its side or in a place that can be accessed by the general public, unless there is permission from the competent authority to hold such a game.

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