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PELAKSANAAN KEBEBASAN BERAGAMA DI INDONESIA (EXTERNAL FREEDOM) DIHUBUNGKAN IJIN PEMBANGUNAN RUMAH IBADAH Putri, Nella Sumika
Jurnal Dinamika Hukum Vol 11, No 2 (2011)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2011.11.2.183

Abstract

Recently, Indonesia faced issues about freedom of religion, in particular for construction the house of worship. It is part of freedom of worship which is element from freedom of religion and it should protected by State. eventhough State in implementation those right can make some limitation. Joint Decree 2006 is a form of restriction provided by the State to maintain public order. The implementation of freedom of religion is highly depend on the tolerance among religious community, particularly in the scope of forum externum. Cooperation beetwen all parties, i.e State as policy makers and implementers, religious leaders as a role model for the followers and society plays an important role in maintaining inter-religious harmony. Keywords: human rights, freedom of religion, construction the house of worship
Kebijakan Penegakan Hukum Pidana Terhadap Sponsor Perjudian Online Terhadap Tim Esports Di Indonesia Wibowo, Fadhil Rahadyan; Putri, Nella Sumika; Atmaja, Budi Arta
Justisia: Jurnal Ilmu Hukum Vol. 3 No. 2 (2025): Justisia: Jurnal Ilmu Hukum
Publisher : Program Studi Doktor Ilmu Hukum Fakultas Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56457/jjih.v3i2.275

Abstract

The Esports industry in Indonesia is experiencing significant growth with large economic contributions, but raises legal issues related to the involvement of sponsors from online gambling companies. Although Article 27 paragraph (2) of the Electronic Information and Transaction Law (ITE Law) expressly prohibits gambling, sponsorship practices continue without effective enforcement. This research aims to analyse the application of criminal law against online gambling sponsorship of Esports teams in Indonesia, identify obstacles to law enforcement, and formulate effective criminal law policy strategies. This article is a legal research that not only conducts studies related to laws and regulations, literature, and legal documents, but is also complemented by empirical data through in-depth interviews with the DIY Police Cyber Directorate, Bandung District Attorney, Ministry of Communication and Digital, and the Indonesian Esports Executive Board, as well as direct observation in the field. The results show that to date there has been no investigation, prosecution or conviction of Esports teams receiving online gambling sponsorship. The main obstacles include difficulties in proving the element of intent (mens rea), lack of formal evidence, limited digital forensic facilities, low public legal awareness, and the normalisation of gambling culture in the Esports community. Normatively, the legal basis is adequate, but implementation constraints make the penal path difficult to apply. Therefore, non-penal strategies in the form of legal education, increasing digital literacy, strengthening internal regulations, and cross-sector collaboration need to be optimised, while criminal law functions as an ultimum remedium.