| dc.description.abstract | Gambling is a prohibited act under the law as it involves wagering based on chance,
whether conducted conventionally or through information technology.
Technological developments have transformed gambling practices from traditional
forms into more complex online systems that are increasingly difficult to control.
This study aims to analyze the modus operandi of gambling crimes and the legal
reasoning of judges in adjudicating such cases based on three court decision. The
three cases examined reveal a relatively similar pattern, in which the defendants
acted as intermediaries or agents who collected number bets from the public, either
directly or through electronic media, and subsequently forwarded them to
bookmakers or input them into online gambling platforms, while gaining profits
from commissions or payment differentials. This research employs a normative
legal method with statutory and case approaches, conducted through the analysis
of court decisions as primary legal materials. the analysis of court decisions as
primary legal materials. The results indicate that the modus operandi of gambling
has evolved from conventional systems to digitally-based mechanisms, while
maintaining its fundamental characteristics as a structured and continuous activity.
The judges’ considerations in these decisions focus on the fulfillment of the elements
of gambling offenses under positive law, without fundamentally distinguishing
between conventional and online gambling, and emphasizing the active role of the
defendants in facilitating gambling activities. It is suggested that law enforcement
should not only target intermediary actors but also extend to the main operators
behind gambling networks. Additionally, there is a need to strengthen regulations
and supervision of technology-based gambling practices. | en_US |