Reversed Burden of Proof in Online Gambling Fraud: Consumer Protection Based on Islamic Law in West Java

Abstract

The widespread practice of online gambling in West Java has led to an increase in digital fraud cases causing significant consumer losses. Common schemes involve fictitious investment programs and fake prize offers that victims find difficult to prove directly. In this context, the application of the reversed burden of proof serves as a strategic criminal law policy to strengthen the position of victims before the law. This study examines the effectiveness of the reversed burden of proof in handling online gambling fraud cases, while exploring the role of Islamic legal principles—such as zakat and social justice—in expanding consumer protection. Using normative juridical and conceptual approaches, the study analyzes the Indonesian positive legal framework and its potential integration with Islamic legal mechanisms. The findings indicate that reversing the burden of proof can reduce evidentiary obstacles during judicial processes, while Islamic law adds a socio-economic dimension that complements the penal aspect. This study recommends an integrated legal reform that not only emphasizes sanctions but also reinforces substantive justice and comprehensive victim protection.