Journal of Legal, Ethical and Regulatory Issues (Print ISSN: 1544-0036; Online ISSN: 1544-0044)

Abstract

Criminal Policy against Children who Committed Cyber Bullying: Indonesia Laws Perspective

Author(s): Gde Made Swardhana, Nyoman Kinandara Anggarita, I Gede Agus Kurniawan, Dewa Gede Sudika Mangku

The amount cases of cyber bullying against children in Indonesia shows that the biggest issue are some emptiness in law enforcement itself. There is no regulations about children who committed cyber bullying. Based on all cases, the author took 2 problem formulation which how’s the Ius Constitutum against children as a doer of cyber bullying and the Ius Constituendum works by using comparative laws in Indonesia, Philippines, Queensland, And Finland. This research using normative legal research method with the statutory approach and comparative law approach. The conclusion itself shows that positive criminal law or Ius Constitutum has several legal policies that actually related, but none of them are specified in one regulation. Meanwhile, there is an urge to adding more articles on law no.19 of 2016 on electronic information and transactions, inspired by the Permendikbud No.82/2015 which more concerning cyber bullying within the responsibilities of children as doers and victims, thus the law can accomplish the purposes of criminal law, while child protection principles can also be applied.

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