TINJAUAN YURIDIS TANGGUNG JAWAB KOMISI PEMLIHAN UMUM (KPU) DALAM MENINGKATKAN PARTISIPASI MASYARAKAT PADA PEMILIHAN UMUM SERENTAK

Abstract

As an example of a case that is still being debated regarding the rules and sanctions
that must be stipulated, namely the case of the Tira Persikabo football team which promoted
an online gambling site called SBOTOP on its jersey, that as explained in the regulations
regarding gambling above, this clearly violated the regulations regarding gambling. contained
in Article 27 paragraph (2) in conjunction with Article 45 paragraph (2) of the 2008 ITE Law
was amended into Law Number 19 of 2016 which does not allow people to make electronic
information and documents that have gambling content accessible.
There are two formulations of the problem in this study, namely First, what is the
criminal responsibility for the football team that promotes online gambling sites in their jersey?
Second, what are the obstacles that impede criminal liability for a football team that promotes
online gambling sites in their jersey?
There are 2 conclusions from this study, namely, First, the use of online gambling sponsors on
the Persikabo 1973 football jersey which competed in national competitions is part of a
gambling crime. Because these actions fulfill the entire set of elements contained in Indonesian
criminal law. The sponsorship of the online gambling site has complied with the provisions of
article 303 paragraph 1 which focuses more on the elements of making offers and providing
opportunities for other people and/or the general public to gamble. In addition to these
provisions, the act of sponsoring the gambling was also carried out through the Instagram
social media of the Persikabo 1973 football club, so that it has fulfilled the elements of Article
27 paragraph 2 of the ITE Law with the threat of imprisonment for a maximum of six years
and/or a fine of up to one billion rupiah. Second, the obstacles in criminal liability for a football
team that promotes online gambling sites on their jersey: a. The multiple interpretations of the
rules governing the prohibition of promoting online gambling sites on the jersey of the
Indonesian football team. b. The absence of legal certainty by the National Police regarding
law enforcement for football teams promoting online gambling sites at Jersenya.c. The
Uncertainty of the Management of the Indonesian Football Association (PSSI) in Prohibiting
Football Teams in Indonesia from Promoting Online Gambling Sites. Suggestions from this
study are First, Law enforcement officials, in this case the police, must be active with the
community to immediately punish anyone involved in sponsoring online gambling sites in
Indonesian football because it is a form of gambling crime that offers massive offers to all
Indonesian people. through the media of football. Second, law enforcement officials must also
eradicate all forms and practices of gambling because this is very dangerous for the life of the
Indonesian nation and state because gambling can be the forerunner to the birth of other
crimes and is very contrary to public order, contrary to the values of and norms contained in
the life of society.
Keywords: Accountability, Criminal, Football Team, Promoting, Online Gambling Site