Perjudian Daring dan Ketahanan Keluarga di Indonesia: Analisis Maqashid al-Usrah dan Efektivitas Hukum Siber

Abstract

Online gambling constitutes a form of cyber-enabled crime that poses significant challenges to family resilience in Indonesia. This study aims to examine the criminogenic implications of online gambling for Muslim family resilience through the perspective of Maqashid al-Usrah and to evaluate the effectiveness of Indonesian positive law, particularly Law Number 1 of 2024 concerning Electronic Information and Transactions. This normative juridical research employs statutory, conceptual, and case approaches by analyzing the ratio decidendi of the Jember Religious Court Decision Number 6258/Pdt.G/2024/PA.Jr and the Bekasi Religious Court Decision Number 1054/Pdt.G/2024/PA.Bks. The findings reveal that online gambling undermines family resilience through three interconnected dimensions: the erosion of family economic resources (hifz al-mal), cognitive and psychological impairment resulting from gambling addiction (hifz al-'aql), and threats to child welfare and family continuity (hifz al-nasl). Furthermore, the enactment of Law Number 1 of 2024 has not yet demonstrated substantial effectiveness in reducing the prevalence of online gambling. This limitation stems from several structural weaknesses, including restrictions arising from the territoriality principle, the absence of effective regulatory mechanisms addressing shadow-finance instruments such as crypto assets and nominee accounts, and enforcement practices that predominantly target operational actors rather than principal organizers. A comparative analysis suggests that Indonesia could strengthen its regulatory framework by adopting aspects of Singapore’s cyber-law enforcement model, particularly its integrated approach to disrupting illicit financial flows. The study highlights the importance of a family-centered and financially oriented legal strategy in addressing the multidimensional harms of online gambling.