CRIMINAL LIABILITY OF INSTAGRAM CELEBRITIES IN THE CASE OF ONLINE GAMBLING PROMOTION ON SOCIAL MEDIA FROM THE PERSPECTIVE OF ISLAMIC CRIMINAL LAW

The promotion of online gambling through social media by Instagram celebrities raises the issue of criminal liability for parties who do not directly gamble, but play a role in disseminating information and directing the public to gambling sites. This problem is becoming increasingly important because celebrities have a wide influence and reach through the number of followers on social media. This study aims to analyze the criminal liability of celebrities in the case of online gambling promotion based on the concept of al-mas'ūliyyah al jinā'iyyah in the perspective of Islamic criminal law. This research uses normative juridical methods with a conceptual approach and a case approach. The legal materials used consist of primary and secondary legal materials collected through literature studies and analyzed qualitatively by descriptive-analytical methods. The results of the study show that the criminal liability of celebrities cannot be charged solely based on their status as a celebrity or their relationship with gambling activities. The imposition of liability must be based on the existence of prohibited acts, the perpetrator's knowledge of the object being promoted, the will and intentionality in carrying out promotions, the ability to be responsible, and the form of involvement of the perpetrator in these activities. Analysis of the case of Aceh celebrities and Decision Number 123/Pid.Sus/2023/PN. Pyh and Decision Number 509/Pid.Sus/2024/PN.Srg show the use of personal social media accounts as a means of promotion, relationships with parties offering gambling promotions, promotional actions carried out actively and repeatedly, and the existence of economic benefits or rewards. From the perspective of Islamic criminal law, the promotion of online gambling that is carried out consciously can be seen as a form of contribution to the spread of maisir and related to the principle of prohibition of ta'awun 'ala al-itsm. Therefore, if the element of criminal responsibility is met, the act can be sanctioned by ta'zir while still paying attention to the principles of justice, legal certainty, and benefit.