Criminal Liability of Influencers and Affiliates in The Promotion of Online Gambling on Social Media

Abstract

The promotion of online gambling through social media raises legal questions regarding the criminal liability of influencers and affiliates who facilitate access to gambling platforms without directly operating them. This study examines their criminal liability under Indonesian criminal law, particularly Law No. 1 of 2024 concerning the Second Amendment to Law No. 11 of 2008 on Electronic Information and Transactions and Law No. 1 of 2023 on the Criminal Code. It employs normative legal research using statutory and conceptual approaches, with legal materials analyzed qualitatively through descriptive and analytical methods. The findings indicate that influencers and affiliates may be held criminally liable when their conduct fulfills the elements of a criminal offense, particularly those concerning the intentional and unauthorized distribution, transmission, or accessibility of electronic information containing gambling content. Liability must be assessed individually by considering knowledge, intent, promotional conduct, economic benefits, and the degree of participation. Law enforcement faces challenges involving anonymity, cross-border activities, and difficulties in proving intent. Therefore, clear and proportionate liability parameters are necessary to ensure legal certainty, effective enforcement, and the prevention of excessive criminalization.