OPTIMIZATION OF POLICE AUTHORITY AS GATEKEEPERS IN THE
PREVENTION AND ERADICATION OF GAMBLING CRIMES
Verdy Hengky
Kalele1, Evita Isretno Israhadi2
Universitas Borobudur, Jakarta, Indonesia
[email protected], [email protected]
ABSTRACT
This
study explores the optimization of police authority as gatekeepers in
preventing and eradicating gambling crimes in Indonesia. Using a normative
legal research method, it examines legal frameworks, administrative challenges,
and social dynamics affecting law enforcement efforts. A legislative approach
reviews relevant legal provisions, while a conceptual approach analyzes the
police's role in crime prevention. Findings reveal that limited resources,
insufficient community cooperation, rapid technological advancements in online
gambling, and complex legal constraints hinder police effectiveness. Key
recommendations include enhancing community partnerships, conducting regular
police training, fostering inter-agency collaboration, and leveraging
information technology to strengthen law enforcement capacity. These measures
aim to improve crime prevention and eradication strategies while fostering
public trust and promoting legal compliance. The proposed reforms offer a
roadmap for developing more effective policing strategies and creating safer
communities through proactive and responsive law enforcement practices.
Keywords: gatekeepers,
gambling crimes, police
Corresponding Author: Hendra
Gunawan
E-mail: [email protected]
INTRODUCTION
Gambling can be defined
as an activity that involves wagering money or other values on an uncertain
outcome, where the result depends on chance or luck and cannot be predicted
accurately
Gambling crimes
have wide-ranging and complex impacts on society, the economy, and the legal
system. Socially, gambling can lead to fractures in family and community
relationships, with individuals getting caught in debt and dependency that
affect their social interactions and quality of life. Economically, while
gambling can generate revenue through taxes and job creation, it can also
impose significant costs on society, such as increased crime rates, healthcare
costs for those affected by gambling problems, and productivity losses due to
work disruptions
Several serious
issues arise from gambling practices, where many individuals become trapped in
addiction and find themselves unable to stop. As a result, they experience
significant financial losses, even losing their belongings. This phenomenon not
only harms individuals directly but also has widespread effects on society.
Gambling not only poisons a person's soul but also has the potential to disrupt
the economy as a whole. The losses experienced are not limited to financial
aspects; they also encompass mental health issues. This condition can cause
gamblers to become lethargic and lose motivation, ultimately making them more
vulnerable to committing criminal acts, such as theft, corruption, or even
engaging in violent behavior
Recognizing the negative
impacts of gambling, many countries have taken firm steps to prohibit this
practice and impose heavy sanctions. Gambling is considered a crime that must
be addressed collectively by society and the government. This is in line with
existing legislation, including the Criminal Code (KUHP), which prohibits
gambling. However, the inadequacy of the KUHP in effectively combating gambling
has led to the emergence of Law No. 7 of 1974, introduced during the New Order
era as an alternative to address gambling issues. This law emphasizes that the
penalties contained in the KUHP are no longer appropriate and need to be
increased.
In Law No. 7 of
1974, penalties for gambling have significantly increased. For example, the
punishment for gambling offenses in Article 542, paragraph 1 has been raised
from one month to four years and from three months to six years for Article
542, paragraph 2. Despite the strengthening of penalties and the shift in the
status of gambling offenses from mere violations to crimes, the issue of
gambling in society has not been effectively resolved. This indicates that
existing law enforcement efforts are insufficient to address the root problems
of gambling. Here, the role of the police as one of the subsystems in the
criminal justice system becomes crucial.
Recent studies
have delved into the multifaceted challenges law enforcement faces in combating
gambling-related crimes, particularly with the advent of online platforms.
Banks
The novelty of
the current research lies in its comprehensive analysis of the Indonesian
context, focusing on the specific challenges faced by the police in eradicating
gambling crimes within the country's unique legal and cultural framework. By
integrating normative legal research with empirical data from police reports
and case studies, this study provides actionable recommendations tailored to
Indonesia's specific circumstances. This approach not only contributes to the
existing body of knowledge but also offers practical insights for policymakers
and law enforcement agencies aiming to enhance the effectiveness of gambling
crime prevention and enforcement efforts in Indonesia.
Within the
criminal justice system, the police function as gatekeepers who have a vital
responsibility in preventing and combating gambling crimes. They play a central
role in law enforcement and oversight of gambling practices
These issues
result in financial losses, social instability, and increased criminal
activity. This study aims to explore the challenges faced by the police as
gatekeepers in the criminal justice system, focusing on the complexities of
combating gambling crimes. It seeks to identify effective strategies for
strengthening law enforcement through enhanced community engagement,
inter-agency collaboration, and the use of advanced technological tools. The
findings are expected to inform policy reforms, improve law enforcement
practices, and promote safer communities through more effective crime
prevention and legal compliance measures.
METHOD
This study
employs a combination of normative legal research and conceptual analysis to
explore the role of the police in eradicating gambling crimes. The normative
legal research approach examines legal norms outlined in key legislation,
including Indonesia’s Criminal Code (KUHP) and Law No. 7 of 1974 on Gambling
Control. Through this legislative review, the study evaluates the effectiveness
and consistency of existing legal frameworks governing gambling offenses. The
conceptual approach provides an analytical foundation for understanding the
theoretical aspects of law enforcement and the role of the police as
gatekeepers in the criminal justice system. This includes an examination of
legal principles, policing strategies, and social responses to gambling-related
crimes.
To contextualize
the analysis, the study incorporates data from official police reports on
gambling-related arrests, court case records involving major gambling
syndicates, and relevant case studies from Indonesian provinces known for high
gambling activity, such as North Sumatra, West Java, and Jakarta. These
real-world examples illustrate how legal provisions are enforced, the practical
challenges encountered, and the innovative strategies law enforcement agencies
adopt. By integrating these empirical data sources, the study comprehensively
evaluates the police’s role and proposes actionable recommendations for
optimizing gambling crime prevention and enforcement efforts.
RESULT AND DISCUSSION
Effectiveness of Police Authority in Addressing Gambling Crimes in
Indonesia
Gambling is not a new phenomenon in Indonesia;
this activity has existed for a long time and has evolved alongside changes in
society. In a societal context, gambling is viewed as a form of social disease
that is difficult to eradicate despite various efforts made from generation to
generation. The term "social disease" refers to human behavior that
is considered contrary to the prevailing norms within society and existing
customs or that does not align with standard behavior. In Indonesian culture,
various forms of gambling have emerged and developed, reflecting the diversity
of ways people seek profit through games that do not emphasize aspects of luck relatively.
Some popular
forms of gambling among Indonesians include Roulette, where players bet money
on one of the 36 numbers plus two additional numbers. If their guess is
correct, they receive a prize of 36 times the amount wagered. Additionally,
there is Blackjack (or selikutan), where a dealer serves multiple players; if
the dealer's cards total higher, all players lose their bets. Conversely, if
the dealer's cards are of lower value, the dealer must pay the winning players.
Usually, the dealer only loses against one or two players.
Another example
is the Lottery Buntut Nalo, which involves betting on the last two digits of a
drawn number; if a player accurately guesses a number from 0 to 99, they
receive a payment of 65 times their initial bet. Furthermore, Tekpo is a game that
uses domino cards, where participants bet on who has the highest number. This
game is often played during celebrations such as weddings or circumcisions and
generally involves small bets.
Another form of
gambling is Dadu or Glodog, which uses dice as a playing tool. Players must
guess the number of circles that appear on the dice, and if their guess is
correct, they are declared the winner. Dokding is a dice game that uses dice
featuring animal pictures, where players place bets on the images shown on a
sheet of paper. The dice are then rolled to determine the winner. There is also
Adu Dara, which involves two pigeons released in a designated area; the pigeon
that arrives first at the agreed point is declared the winner. Oke’ is a game
involving the tossing of two coins; if the result shows images of a bird, it is
deemed dead, while if it shows a rupiah, it is considered alive.
On the other
hand, Sabung Ayam involves two fighting cocks, where bettors will choose one
rooster, and if that rooster wins, the bettor wins. Togel or toto gelap is a
popular form of gambling where players bet money by guessing which numbers will
be drawn. These various forms of gambling not only reflect local traditions and
culture but also highlight the challenges faced by society in addressing the
negative impacts of gambling, such as addiction and other social consequences.
The existence of gambling ingrained in the cultural fabric makes this issue
increasingly complex to handle and requires serious attention from authorities.
Based on the
various types of gambling described, these activities can be categorized as
criminal offenses as they meet the elements regulated in Article 303 paragraph
(3) of the Criminal Code (KUHP). This article governs any game that relies on
luck and player skill. Additionally, Article 303 bis of the KUHP states that
individuals who engage in gambling as a livelihood may be subject to criminal
sanctions. This indicates that gambling is not only considered an illegal
activity but also a behavior that can undermine the social and moral order of
society.
Enforcement of
criminal law against gambling must be carried out continuously and
consistently. This is crucial because gambling is viewed as a real threat to
the existing social norms in society. Gambling activities can create tension at
the individual level as well as cause broader social tensions. Gambling can
have negative impacts that permeate various aspects of community life,
including mental health, economic stability, and social relationships among
individuals. Therefore, addressing gambling is not merely a matter of law
enforcement but also an effort to maintain social order and harmony within
society. If someone is involved in gambling crimes, they will face criminal
sanctions according to the applicable provisions within the criminal justice system
in Indonesia. This law enforcement consists of a process of investigation,
prosecution, and court proceedings to uphold justice for the violations
committed. Thus, taking firm action against gambling is essential to enforce
the law and deter offenders while preventing society from being drawn into
detrimental practices.
In gambling
crimes, the criminal justice system in Indonesia begins with interactions with
the police subsystem
The investigation
is a crucial initial step in the criminal law enforcement process that
determines the success of subsequent legal processes. This process involves the
search and collection of factual evidence through actions such as arrests and
searches. Investigations must be conducted with strict and focused procedures
to ensure that every legal action taken has a firm basis. In Dutch, the term
investigation (opsporing) refers to the initial examination by
designated officials to investigate legal violations following credible
information. The investigation also includes efforts to identify and determine
whether an act constitutes a criminal offense and who the perpetrator is. [8]
In performing their
role as gatekeepers in the criminal justice system, the police have the
responsibility to handle crimes, including gambling, through two essential
steps: first, identifying and determining whether an action constitutes a
criminal offense; second, processing the act and the perpetrator to be
forwarded to the prosecution subsystem. The speed and effectiveness of the
police in uncovering crimes significantly influence the performance of that
subsystem. Moreover, the police are increasingly expected to fulfill a
preventive function in crime prevention, following the principle that
prevention is better than cure. If crime prevention is to be prioritized, it
should become a primary goal within the criminal justice system, where every
subsystem in that system must collaborate to achieve a common objective.
The police are
called upon not only to carry out their traditional duties as investigators but
also to participate actively in crime prevention. This requires the police to
engage in a broader policy approach to addressing crime. The concept of crime
prevention has been recognized as one of the essential functions of the police,
which includes training police members to become experts in crime prevention.
Additionally, the involvement of organizations outside the police has also been
introduced to strengthen these prevention efforts. By placing the police not
only as investigators but also as protectors of the community, they are
expected to take proactive measures to control crime.
In handling
gambling offenses, the police carry out various steps, which are divided into
repressive and preventive efforts. Repressive efforts aim to take action
against individuals who have committed crimes through law enforcement by
imposing sanctions. This involves a structured investigation process, starting
from complaints, investigations, and arrests to the submission of case files to
public prosecutors. In practice, the handling of gambling offenses also faces
various obstacles, including the lack of community participation in uncovering
those crimes. In fact, community involvement is crucial in creating security
and order, especially in the context of gambling, which often has direct
effects on families and communities. Preventive efforts, on the other hand, aim
to prevent the emergence of gambling in society before the crime occurs. The
police can undertake prevention by providing legal education to the community,
forming monitoring teams in areas prone to gambling, reinforcing religious
values that prohibit gambling, and conducting active patrols and surveillance.
Challenges and Strategies for the Police as Gatekeepers in the
Criminal Justice System Related to Eradicating Gambling Offenses
In the
eradication of gambling offenses, the police play a vital role as gatekeepers
in the criminal justice system. As law enforcement agencies, the police are
responsible for preventing, detecting, and prosecuting all forms of illegal
gambling that can harm society. However, these efforts only proceed with
challenges. Various factors, such as a lack of cooperation from the public,
limited resources, and the rapid development of gambling technology, pose
significant obstacles for the police. Therefore, effective strategies are
needed to address these challenges.
In the efforts to
combat gambling offenses, the police face several significant challenges. One
of the main challenges is the lack of cooperation from the community. Many
individuals are reluctant to report gambling activities, often due to the
social stigma attached to such practices. The community tends to feel isolated
and uncomfortable dealing with authorities, especially if they have close
relationships with gambling offenders. Distrust toward the police also plays a significant
role; many people feel that their reports will not be followed up or that the
police lack the capability to address the issue effectively. Additionally, fear
of retaliation from gambling offenders, who often have strong networks and
influence, adds uncertainty for the community when reporting these illegal
activities.
Another challenge
faced by the police is limited resources. With a restricted number of personnel
and inadequate budgets, the police often need help to fulfill their duties
effectively. Law enforcement in the context of gambling requires in-depth and
ongoing investigations, but without sufficient support, these efforts become
inefficient. The insufficiency of resources not only hampers the police's ability
to detect and apprehend gambling offenders but also affects the morale and
motivation of police personnel in carrying out their duties.
Technological
advancements also pose complex challenges for the police. With the emergence of
online gambling and various digital platforms, gambling offenders can now
operate more anonymously and are more challenging to trace. Cyber fraud often
involves rapid and complex transactions, making it difficult for the police to
identify and act against offenders in a timely manner. This requires the police
to enhance their technical skills and knowledge about new technologies to
compete with the methods used by gambling offenders. Legal constraints also
become a barrier in the enforcement process concerning gambling. Complicated
and slow legal procedures often obstruct investigations and prosecutions. When
collected evidence must go through convoluted legal stages, the police may lose
momentum and efficiency in handling gambling cases. This lengthy and complex
process not only slows down law enforcement but may also diminish public trust
in the justice system. Given the various challenges faced, it is clear that the
police need to implement more effective strategies to address these issues and
improve cooperation with the community in the fight against gambling.
When facing
challenges in eradicating gambling offenses, the police can implement several
effective strategies to enhance law enforcement efforts and build trust with
the community. One important strategy is to increase cooperation with the
public. Building community trust is a key step that can be achieved through
educational programs informing the public about the dangers of gambling.
Through seminars, information campaigns, and outreach, the police can explain
the negative impacts of gambling, both socially and economically. This effort
also includes encouraging the community to participate actively in the
prevention and reporting of gambling offenses. By raising public awareness of
the importance of their role in maintaining security and order, it is hoped
that more reports will emerge regarding harmful gambling activities.
Another strategy
that can be implemented is training and capacity building for police personnel.
Conducting routine training is essential to ensure that police officers have
up-to-date skills and knowledge in handling gambling cases. In the context of
increasingly complex gambling, including online gambling, the police need to be
equipped with a deep understanding of using the latest technology that can aid
in investigations. This training will not only enhance the effectiveness of
police operations but also motivate members to be more proactive in addressing
challenges.
Collaboration
with other agencies is also a crucial strategy. Partnering with various
institutions, including social organizations, government agencies, and
non-governmental organizations, can create a strong synergy in the prevention
and eradication of gambling. This collaboration can involve social intervention
programs that provide support for individuals involved in gambling, as well as
disseminate broader information about the risks and consequences of such
activities. Furthermore, international cooperation in combating transnational
gambling is becoming increasingly relevant, given that many gambling offenders
operate within global networks. By engaging in cross-border collaboration, the
police can share information and strategies to address the challenges faced in
the context of international gambling.
Equally important
is the utilization of technology in law enforcement efforts. With the rapid
development of information and communication technology, the police can
leverage modern tools to monitor and detect illegal gambling activities.
Efficient and effective data collection systems can assist the police in
analyzing gambling trends and identifying gambling hotspots in specific areas.
Additionally, using digital platforms to facilitate reports from the public can
simplify information gathering and provide broader access for the community to
report gambling activities. By integrating technology into their law
enforcement strategies, the police can enhance their responsiveness and
effectiveness in combating gambling, thereby creating a safer environment for
the community.
CONCLUSION
The findings of
this study highlight the critical role of the police as gatekeepers in the
criminal justice system in combating gambling crimes. Key challenges such as
limited community cooperation, inadequate resources, evolving online gambling
technologies, and complex legal constraints hinder effective law enforcement.
To address these issues, this research proposes strengthening community
engagement, conducting specialized police training, fostering inter-agency
collaboration, and utilizing advanced technological tools.
From a practical
perspective, policymakers should consider revising existing legal frameworks to
enhance the police's authority in handling online gambling cases. Law
enforcement agencies are encouraged to adopt modern surveillance systems and
establish community-based monitoring networks. Social organizations and
community leaders should collaborate with the police to raise public awareness
about the negative impacts of gambling. Furthermore, developing cross-border
cooperation with international law enforcement bodies would help address
transnational gambling crimes effectively. By integrating these
recommendations, stakeholders can create a more responsive and efficient
criminal justice system, fostering safer and more law-abiding communities.
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