ANALISIS YURIDIS PENGATURAN ALAT BUKTI TERKAIT INFLUENCER YANG MEMPROMOSIKAN JUDI ONLINE DI INSTAGRAM

Abstract

The phenomenon of online gambling promotion by influencers on social media, particularly Instagram, poses unique legal challenges, especially in terms of evidence. According to Article 183 of the Criminal Procedure Code, criminal punishment must be based on at least two valid pieces of evidence and the judge's conviction. Although the Electronic Information and Transactions Law (ITE Law) recognizes electronic information and documents as valid evidence, proving the authenticity, relevance, and validity of digital content still faces many obstacles. This study aims to analyze the evidence provisions in the ITE Law and identify the challenges of proving cases against influencers who promote online gambling. The method used is normative legal analysis with a regulatory approach and literature review. The results of the study indicate that although evidence under the Criminal Procedure Code and digital evidence are legally recognized, their validity remains questionable, particularly regarding the authentication and integrity of digital data. Therefore, there is a need for updates to technical regulations and the capacity of law enforcement officials in handling digital evidence.