CRIMINAL POLICY FORMULATION ON CORPORATE CRIMINAL LIABILITY FOR ONLINE GAMBLING OFFENSES IN INDONESIA

Abstract

The development of information technology has driven the transformation of conventional gambling into online gambling, in which corporations take part as platform providers, operators of electronic systems, and beneficiaries of the economic gains generated by this illegal activity. The complexity of corporate involvement raises legal questions concerning the construction and mechanisms of corporate criminal liability for online gambling offenses in Indonesia. This study aims to analyze the regulation of corporate criminal liability for online gambling offenses and to formulate an ideal criminal law policy for addressing them. It employs normative legal research using statutory, conceptual, and case approaches. The legal materials were analyzed qualitatively through the interpretation of relevant statutory provisions and court decisions. The findings show that the regulation of corporate criminal liability for online gambling offenses does not yet fully provide legal certainty, particularly with respect to the criteria for attributing fault, the identification of responsible parties, and the mechanisms for imposing criminal sanctions on corporations. Law enforcement also remains oriented toward individual offenders and therefore has not effectively reached corporations that profit from these offenses. Accordingly, a criminal law policy formulation is needed through the harmonization of the Criminal Code, the Electronic Information and Transactions Law, and Supreme Court Regulation (PERMA) Number 13 of 2016, by clarifying the model of criminal liability, the standard of proof for corporate fault, and the optimization of criminal sanctions oriented toward restoration and crime prevention.