<![CDATA[This study analyzes the juridical qualification of the government’s act of blocking online gambling sites in Indonesia. Although commonly treated as a single act, the blocking process in fact consists of two legally distinct stages: the take down order issued by the ministry of communication and digital affairs to private electronic system operators, and the technical access blocking carried out by internet access service providers. This research addresses two problems: first, whether the blocking of online gambling sites fulfils the elements of a government administrative decision (Keputusan Tata Usaha Negara/KTUN); and second, whether the act is more accurately qualified as a factual act (feitelijke handeling) together with its legal consequences for available legal remedies. A normative legal method is used, combining statutory, conceptual, and case approaches. The findings show that the minister’s order to private electronic system operators fulfils the elements of a KTUN under article 1 point 9 of Law No 51 of 2009, since it originates from the attributive authority in article 40 paragraph (2b)-(2c) of the electronic information and transactions law and is concrete, individual, final, and legally banding. Access blocking by Internet Access Providers, by contrast, fail to meet the classical elements of a KTUN and is more properly qualified as a factual act constituting the implementation (uitvoeringshandeling) of the minister’s order, though it remains subject to administrative dispute under the expanded meaning of KTUN in Article 87 of the government administration law, with the general principles of good governance serving as the parameter for accessing its legality.]]>
