Khayatudin Khayat
Universitas Islam Kediri

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Law Enforcement Against Instagram Celebrities And Influencers Promoting Online Gambling Through Social Media Based on The Provisions of Article 27 Paragraph (2) in Conjunction With Article 45 Paragraph (3) of Law Number 1 of 2024 Zulham Depy Saputra; Khayatudin Khayat; David Novan Setyawan
Journal of Law, Politic and Humanities Vol. 6 No. 5 (2026): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v6i5.3776

Abstract

The development of information technology and the widespread use of social media have provided extensive opportunities for Instagram celebrities and influencers to disseminate various forms of information, promotion, and communication to the public. This situation has also been exploited by certain parties to promote online gambling through various social media platforms. Online gambling promotions conducted by Instagram celebrities and influencers have the potential to cause serious social impacts because they may increase public access to gambling activities and influence the behavior of social media users, particularly younger age groups. This phenomenon raises legal issues concerning the scope of criminal liability of Instagram celebrities and influencers who actively promote online gambling through social media. This research aims to analyze law enforcement against Instagram celebrities and influencers who promote online gambling through social media based on the provisions of Article 27 paragraph (2) in conjunction with Article 45 paragraph (3) of Law Number 1 of 2024 concerning the Second Amendment to Law Number 11 of 2008 concerning Electronic Information and Transactions. This research employs a normative juridical method using a statutory approach and a conceptual approach. The legal materials used in this research consist of legislation, legal literature, scientific journals, and legal doctrines relating to online gambling offenses and criminal liability in the digital environment. The results of the research indicate that the actions of Instagram celebrities and influencers who intentionally distribute, transmit, or make accessible electronic information containing gambling content may be subject to criminal provisions under the Law on Electronic Information and Transactions. Law enforcement against such perpetrators requires proof of intent, the nature and extent of their involvement in promotional activities, and the relationship between the disseminated content and gambling activities. Law enforcement authorities must also consider electronic evidence, digital traces, the relationship between promoters and online gambling operators, and the financial benefits obtained from promotional activities. Consistent law enforcement is necessary to create a deterrent effect, protect the public, and establish a safe digital environment free from online gambling promotion.
wakalah bil ujrah Implementation of The Wakalah Bil Ujrah Agreement in Sharia Financial Technology (Fintech) Services In Indonesia Reviewed From the Specific Specificity of Legal Certainty and Consumer Protection Genesi Yudhanto; khayatudin khayat; David Novan Setyawan David
Journal of Law, Politic and Humanities Vol. 6 No. 3 (2026): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v6i3.3097

Abstract

The development of Sharia financial technology (fintech) services in Indonesia is driving the transformation of Sharia contracts into digital-based systems, one of which is the wakalah bil ujrah contract. This contract forms the basis of the legal relationship between platform providers and service users in financing mechanisms, fundraising, and other financial intermediary services. This study aims to analyze the legal construction and implementation of the wakalah bil ujrah contract in Sharia fintech in Indonesia and assess its compliance with the principles of legal certainty and consumer protection. The research method used is normative legal research with a statutory and conceptual approach. Primary legal materials include laws and regulations, including Law Number 21 of 2008 concerning Sharia Banking, Law Number 8 of 1999 concerning Consumer Protection, and regulations and supervision by the Financial Services Authority. Furthermore, this study also refers to the fatwa of the National Sharia Council of the Indonesian Ulema Council regarding the wakalah bil ujrah contract. Secondary legal materials, including literature, scientific journals, and relevant legal doctrines, were analyzed qualitatively. The results of the study indicate that, normatively, the wakalah bil ujrah contract in Islamic fintech has an adequate legal basis through sectoral regulations and Islamic fatwas. However, in practice, several problems remain, including the unclear construction of legal relationships between parties in digital contracts, the potential use of standard clauses that are detrimental to consumers, and the suboptimal transparency of risks and responsibilities of platform operators. These conditions indicate that the implementation of the wakalah bil ujrah contract does not fully reflect the principles of legal certainty and consumer protection as mandated by the national legal system. Therefore, regulatory harmonization, strengthening of supervisory mechanisms, and standardization of Sharia-based digital contracts are needed to ensure legal certainty and consumer protection in the implementation of Islamic fintech in Indonesia.