Tantangan Penegakan Hukum terhadap Froud Perbankan dalam Industri Judi Online

Abstract

The enforcement of law against banking fraud within the online gambling industry in Indonesia faces intricate challenges amidst rapid digital technology advancements. This study aims to analyze the forms of criminal liability for perpetrators of banking fraud involved in online gambling under Indonesia’s positive law and to identify the primary obstacles in law enforcement processes, along with investigators’ efforts to address them. Employing a normative juridical approach and literature review method, this research examines regulations such as the 1945 Constitution, Law No. 8/1981 on Criminal Procedure Code, Law No. 10/1998 on Banking, Law No. 8/2010 on Anti-Money Laundering, Law No. 1/2024 on Electronic Information and Transactions, and Law No. 1/2023 on the New Criminal Code. Findings reveal that perpetrators of banking fraud face penalties of up to 7 years under Articles 492 and 483 of the New Criminal Code for fraud and embezzlement, and up to 20 years under the Anti-Money Laundering Law for money laundering. Major challenges include difficulties in digital evidence collection due to advanced encryption, overseas servers, and low compliance in reporting suspicious transactions, as evidenced by PPATK’s 2025 report noting only 573 active reporters out of 89,000. Cases like the arrest of two online gambling bosses (OHW and H) in May 2025 exposed the massive abuse of 4,000 bank accounts, yet inter-agency coordination among the Police, OJK, Kominfo, and PPATK remains hindered by limited digital forensics and cross-jurisdictional issues. Investigators address these barriers by leveraging digital forensic technology, international cooperation through Mutual Legal Assistance, and enhanced big data-based monitoring systems. This study recommends a holistic approach integrating strengthened financial technology regulations, investigator training, and public education to prevent cybercrimes, thereby upholding the rule of law and safeguarding the national financial system.