EFEKTIVITAS PENEGAKKAN HUKUM TERHADAP PELAKU PROMOSI JUDI ONLINE MELALUI FITUR KOLOM KOMENTAR MEDIA SOSIAL YOUTUBE

Abstract

The escalation of online gambling practices in Indonesia has reached a concerning stage, transforming from a mere social issue into a systemic threat to economic stability and national cyber integrity. Recent developments indicate a shift in marketing strategies from the use of public figures (influencers) toward the exploitation of interactive features on global platforms, particularly YouTube comment sections, through the use of automation systems (botting) and digital anonymity. This study aims to comprehensively analyze the effectiveness of Indonesian positive legal instruments, namely Article 27 paragraph (2) of the Electronic Information and Transactions Law (ITE Law) and Article 303 of the Criminal Code (KUHP), in addressing promotional activities conducted by perpetrators operating across borders (transnational) and concealed behind virtual identities. Employing a normative juridical research method with conceptual and statutory approaches, this article examines the functional shortcomings of law enforcement from the perspective of Lawrence M. Friedman's legal system theory. The findings indicate that the effectiveness of law enforcement is hindered by the disparity between territorial regulations and the borderless nature of the digital environment. In addition, legal uncertainty remains regarding the scope of responsibility of electronic system providers (intermediary liability), as well as difficulties in establishing mens rea in automated systems. This study recommends strengthening preventive regulation through the standardization of automated content-blocking algorithms by platforms and the harmonization of international jurisdiction in addressing cybercrime.