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All Journal Pena Justisia: Media Komunikasi dan Kajian Hukum
Adi Putra, Kadek Panji Kumara
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Law, Crime, Criminology & Criminal Justice

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Online Gambling Streaming Regulations on Facebook Platform: Legal Liability Analysis Based on Indonesian Regulations Adi Putra, Kadek Panji Kumara; Wirya Darma, I Made; Adena, Komang Dea
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 1 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

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Abstract

The purpose of this paper is to discuss the regulation of online gambling streaming on the Facebook platform: an analysis of legal responsibility based on Indonesian regulations. This study uses a normative legal research method. The approach used is a conceptual and legislative approach, by examining the provisions in relevant laws and regulations such as the ITE Law. The results of this study indicate that the regulation of legal responsibility for Facebook in broadcasting online gambling streaming in Indonesia is a legal urgency that cannot be ignored. Although Facebook is not the main actor in broadcasting gambling content, as a provider and owner of a live streaming platform, Facebook can be qualified as a party that participates in committing a crime as regulated in Article 55 paragraph (1) of the Criminal Code. This provision is reinforced by the prohibition on the distribution of gambling content through electronic systems in Article 27 paragraph (2) of the ITE Law, as well as Article 303 of the Criminal Code which prohibits all forms of gambling. The theory of intermediary liability and duty of care emphasizes that digital platform providers have legal responsibility for the content circulating in their systems, especially if there is negligence or neglect of the distribution of illegal content.
Co-Authors Adena, Komang Dea I Made Wirya Darma