VISA: Journal of Vision and Ideas
Vol. 6 No. 1 (2026): Journal of Vision and Ideas (VISA)

Analisis Perjudian Online Berdasarkan Pasal 303 KUHP dan UU NO. 11 Tahun 2008 JO. UU NO 19 Tahun 2016 Tentang ITE: Studi Putusan Nomor 1248/PID.B2021

Tanu, Ericsson (Unknown)
Nurhayani , Nurhayani (Unknown)



Article Info

Publish Date
28 Mar 2026

Abstract

Information technology has shifted gambling from conventional, face-to-face activities into online gambling through websites, applications, and digital platforms. This shift complicates enforcement when electronic conduct is still charged under the general provisions of the Indonesian Criminal Code (KUHP). This research examines the North Jakarta District Court Decision No. 1248/Pid.B/2021/PN Jkt.Utr by linking the court’s reasoning to the principle of lex specialis derogat legi generali and by assessing it from the standpoint of legal certainty. The study applies normative legal research using a statute approach to Article 303 KUHP and Article 27(2) of the ITE Law, as amended by Law No. 19 of 2016, alongside a case approach through analysis of the decision. The findings show that the facts involved electronic elements accounts, online deposits, internet access, and platform use yet the conviction and sentencing relied mainly on Article 303 KUHP. Consequently, lex specialis was not applied optimally and the cybercrime dimension was not adequately captured. From a legal-certainty perspective, this approach may create inconsistent treatment of similar cases and reduce predictability. The paper recommends prioritising Article 27(2) of the ITE Law as the primary basis for online gambling, treating Article 303 KUHP as an alternative, and developing judicial guidelines to standardise practice.

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Journal Info

Abbrev

visa

Publisher

Subject

Economics, Econometrics & Finance Environmental Science Languange, Linguistic, Communication & Media Public Health Social Sciences

Description

VISA: Journal of Vision and Ideas is a scientific journal for the academic community of universities and research institutions with a scope covering the results of research, studies, thoughts and ideas related to vision and solutions to various problems in the economic, social, educational, ...