Rekonstruksi Pertanggungjawaban Pidana Penyedia Sarana Pembayaran Digital yang Terlibat dalam Tindak Pidana Judi Online dalam Perspektif Hukum Pidana Indonesia

Abstract

The proliferation of online gambling in Indonesia has been sustained by an ecosystem of digital payment facilities, including electronic wallets, payment gateways, virtual accounts, and quick response code standards, that are frequently exploited to channel and disguise gambling proceeds. Existing criminal law instruments, namely the Criminal Code, the Electronic Information and Transactions Law, and the Anti-Money Laundering Law, are primarily oriented toward players, operators, and promoters, while the criminal liability of digital payment service providers remains fragmented and reactive, relying largely on administrative sanctions rather than criminal accountability. This normative legal research employs statute and conceptual approaches to examine, first, the existing construction of criminal liability for digital payment providers implicated in online gambling under positive Indonesian criminal law, and second, how such liability may be reconstructed to achieve legal certainty and substantive justice. The analysis draws on the doctrine of corporate criminal liability, encompassing vicarious liability, strict liability, and the identification doctrine, together with the concept of culpable negligence in discharging Know Your Customer and anti-money laundering obligations. The findings indicate that criminal liability can presently be imposed on digital payment providers only through an extensive interpretation of participation provisions in the Criminal Code and the reporting obligations under the Anti-Money Laundering Law, a condition that produces legal uncertainty. The study proposes a reconstructed model that formulates negligence-based corporate criminal liability as an independent offense, strengthens inter-agency coordination among Bank Indonesia, the Financial Services Authority, and the Financial Transaction Reports and Analysis Center, and integrates administrative and criminal sanctions proportionally through a graduated enforcement mechanism. This reconstruction is expected to strengthen legal certainty while safeguarding substantive justice in combating online gambling through its financial infrastructure.