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

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.