PERTANGGUNGJAWABAN PIDANA TERHADAP PARA PEMASANG IKLAN DAN PROMOSI BERMUATAN JUDI ONLINE MELALUI YOUTUBE

Abstract

The development of information and communication technology has both positive and negative impacts on society. Advertisements and promotions containing online gambling through YouTube media are one of the impacts of the development of information and communication technology that can trigger a person's desire to play online gambling games caused by detailed explanations regarding the online gambling game and the seduction of advertisers and advertisers. These promotions make people continue to remember and then be interested in online gambling. The purpose of this study is to determine the legal view of advertisers and promotions charged with online gambling through YouTube and to determine criminal liability against advertisers and promotions charged with online gambling through YouTube. The type of research used in this research is normative law, through literature study with a conceptual approach and a statutory approach. Sources of data used in this paper is secondary data. The results of this study indicate that the act of placing advertisements and promotions containing online gambling through YouTube can violate the provisions of laws and regulations and legal norms if they meet the elements of a criminal act. To determine whether or not a criminal act can be accounted for, one must look at the guilt for the criminal act that has occurred. The rules governing the installation of advertisements and promotions containing online gambling through YouTube are regulated in article 27 paragraph (2) and the criminal sanctions in article 45 paragraph (2) of Law Number 19 of 2016 concerning Information and Electronic Transactions. So it can be concluded that the actions carried out by advertisers and promotions containing online gambling through YouTube are criminal acts that have fulfilled the elements in a criminal act and can be held criminally accountable.