The government’s efforts to combat online gambling (Judol) are intensifying. After tens of thousands of sites were blocked, attention has now shifted to supporting infrastructure, particularly global Content Delivery Network (CDN) services like Cloudflare. However, the discourse around blocking Cloudflare as a sanction for alleged non-cooperation or failure to register as a Private Scope Electronic System Operator (PSE) is a high-risk and disproportionate solution.
This issue forces us to look deeper: Are regulations and blocking threats truly effective, or do they merely create an administrative formality with wide ranging consequences?
Cloudflare: The Scapegoat for Enforcement Inefficiency
Cloudflare is a backbone of the global internet. Millions of websites ranging from small startups, educational institutions, to legal e-commerce and banking services rely on its services for security, speed, and DDoS mitigation.
Why is blocking Cloudflare a hasty move?
- Massive Collateral Damage: Blocking Cloudflare would cause losses and service disruptions for hundreds of thousands of legitimate business and public entities in Indonesia. The effect extends far beyond online gambling sites.
- Short-Term Solution: Online gambling sites are highly adaptive. If Cloudflare is blocked, they will quickly switch to other global CDN providers or use VPNs/proxies, which ultimately only moves the problem rather than solving it.
- Technical Difficulty: Blocking a massive global CDN service that is used legitimately is an immense technical challenge and could potentially paralyze a large part of Indonesia’s internet data traffic.
Instead of directly prosecuting the gambling servers, which are often located abroad, the government is targeting a neutral infrastructure provider. This is akin to punishing a highway company because robbers used its roads.
The Loss of Meaning in PSE Formalities
The regulation on Private Scope PSEs (Government Regulation 71/2019 and Ministerial Regulation 5/2020) was initially aimed at creating clear digital governance. However, in the context of online gambling, this regulation has become an administrative formality with minimal substance when it comes to enforcement.
- Automatic Registration: The PSE registration system in Indonesia is mostly a form-filling process that results in automatic activation. It does not involve in-depth verification of the content type or ownership of the system.
- The Paradox of Registered Gambling Sites: Ironically, many sites considered to be online gambling or other illegal sites are already registered as PSEs simply by listing general descriptions of their services on the form. This proves that PSE status is not an effective filter for illegal content.
- Chasing Big Names: The threat of blocking Cloudflare and the demand for PSE registration feel like an attempt by the government to demonstrate force by pursuing big global names, when the handling of online gambling should actually focus on analyzing financial transactions and the actual host servers.
Recommendation: Focus on the Root Cause, Not Neutral Infrastructure
If the main goal is to eradicate online gambling, the Ministry of Communication and Digital (Komdigi) must shift its focus from neutral infrastructure to the real weak points:
- Financial Transaction Tracking: Closely collaborating with financial institutions and PPATK (Financial Transaction Reports and Analysis Center) to freeze accounts and cut off the flow of funds for gambling operators. This is the most vulnerable point for perpetrators.
- Cross-Border Law Enforcement Cooperation: Demanding cooperation with hosting countries (where the gambling servers are located) through international law enforcement channels, not just through domestic digital regulations.
- PSE Auditing and Verification: If PSE is intended to be an effective filtering tool, the registration process must involve a stricter verification of content and business models, not just form submission.
Blocking Cloudflare is a premature step that will harm the legitimate digital ecosystem in Indonesia. The government should focus more on global collaboration and smart law enforcement against the main actors of online gambling, instead of using PSE formalities and blocking threats that only cause collateral damage to legitimate users.
References:
Peraturan Pemerintah (PP) Nomor 71 Tahun 2019 tentang Penyelenggaraan Sistem dan Transaksi Elektronik
Peraturan Menteri Komunikasi dan Informatika Nomor 5 Tahun 2020 tentang Penyelenggara Sistem Elektronik Lingkup Privat
Pemerintah Tegaskan Perang Total terhadap Judi Online dan Pencucian Uang
Komdigi Ungkap Cloudflare Lindungi Ribuan Situs Judi Online