Eduvest – Journal of Universal Studies
Volume 2 Number 1, January 2022
36 http://eduvest.greenvest.co.id
changes in religious, social and cultural values in general. Although consideration of
social issues regarding ethics has existed since time immemorial, efforts to elevate noble
character are difficult to grow from each community there (bukan masalah baru di
Indonesia, 2015; Suharya, 2019). Gambling in the historical process from generation to
generation is not easy to eradicate. Therefore, the government and the relevant legal
apparatus always try to take decisive action so that people can avoid and stay away from
the game which eventually stops gambling.
There are various police obstacles in controlling gambling. Obstacles in
overcoming the crime of gambling come from the community (outside the police) or from
within the police themselves. Barriers that come from the community / outside the police
body, namely: gambling is not fixed or the place moves, people do not want to be
witnesses in gambling cases, some people still view that gambling is a legacy of their
ancestors, gambling is a culture, and not a violation law. Barriers that come from within
the police force, namely: the police are limited in nature, there is no special unit that
handles gambling problems, and there are police officers who are often used as back-ups
for gambling.
One of the challenges faced by the police in carrying out their daily duties is that
there is a gap between the community regarding the duties of the police and what is
happening in the community. To achieve the implementation of the police duties, the
police carry out a number of actions according to the duties and authorities given in the
sense that the police must carry out their duties and authorities at all times including:
community service, maintaining order and security as well as law enforcement,
considering that gambling is a criminal act. Crime (Indonesia, 2006).
Police are one of the government institutions that have an important role in the
rule of law. In a legal state, legal life is largely determined by structural factors or legal
institutions, in addition to other factors, such as legal substance factors and legal culture
factors. Thus, the operational effectiveness of a legal structure or institution is largely
determined by its position in state organizations (Sadjijono, 2008).
In Article 13 of the Law of the Republic of Indonesia Number 2 of 2002
concerning the State Police of the Republic of Indonesia, the main tasks of the State
Police of the Republic of Indonesia are: maintaining security and public order; enforce
the law; and provide protection, protection, and services to the community.
In connection with the crime of gambling, the task of the police, namely enforcing
the law, maintaining security and public order as well as serving and protecting the
community is a noble task, the application of which must be based on legality, applicable
laws and human rights. Or in other words, one must act professionally and adhere to a
strict and strict code of ethics, so as not to fall into behavior that is hated by society,
especially in eradicating the crime of gambling. The use of legal remedies, including
criminal law, as an effort to overcome social problems, including in the field of law
enforcement policies. Besides that, because the goal is to achieve the welfare of society in
general, law enforcement policies and even then are included in the field of social policy,
namely all rational efforts to achieve public welfare. As a matter that is a policy issue, the
use of criminal law is actually not a necessity (Barda Nawawi Arief, 2018).
The success of the police in overcoming crime must be required on the integrality
of various approaches, which can be broadly divided into a penal approach, through the
application of criminal law and non-penal measures, namely prevention policies without
the application of criminal law, but with an emphasis on various social policies (Fithri,
2018; Sanjaya, Sinaulan, & Ismed, 2021).