Kebijakan Hukum Pidana Sebagai Upaya Meminimalisir Tindak Pidana Bullying Di Media Elektronik

Abstract

The need for technology today is increasing and continues to be developed in order to make it easier for humans to carry out their daily activities, because apart from being a medium for providing information, through the Internet, commercial community activities will also become the largest and fastest growing part and can penetrate various national borders. In fact, the existence of some types of business is impossible without this network, market activities in the world can be known for 24 (twenty four) hours. But in reality what is happening today, the development of this era is like a double-edged sword because for the positive we all have to be grateful for it because there are many benefits and conveniences obtained from this technology, for example we can do banking transactions anytime with e-banking, e-commerce It also makes it easy for us to buy or sell an item without knowing the place. In addition, we can find references or information about science is not difficult with the e-library and many more conveniences obtained with the development of the internet. Whereas in a negative nature, the use of this information technology has influenced every attitude and behavior of members of the community, even as a result has also formed a new world society that is no longer hindered by the territorial boundaries of a country to become a "mayantara world" (a world without boundary) or “virtual reality”. The author's purpose in this study is to find out about criminal law policies against bullying in electronic media at this time in Indonesia and criminal law policies in the future as an effort to minimize bullying in electronic media. The current criminal law policy regarding bullying in electronic media in Indonesia is identified with the Criminal Code, and lastly on November 25, 2016, Indonesia has issued Law No. 19 of 2016 concerning amendments to Law Number 11 of 2008 concerning Information and Electronic Transactions involve several articles relating to the form of bullying in electronic media. If we look closely at the laws and regulations in Indonesia, there are still many weaknesses in the criminal provisions regulated in the Criminal Code and the ITE Law to reach the crime of bullying in electronic media. Criminal law policies as an effort to minimize bullying in electronic media can be found in the Draft Criminal Code and comparative studies with other countries on bullying, so that with the establishment of a new Criminal Code and make comparisons from other countries as an effort to minimize bullying in electronic media so as not to jump from year to year in order to see the cheerfulness of Indonesian children.

Indonesia's Criminal Law Policy in Tackling Cyberbullying with a Restorative Justice Approach

“…According to Wibisana & Setiabudhi (2022), restorative justice, which prioritizes finding solutions to criminal cases for the benefit of victims, offenders, and society as a whole, is central to the resolution of cyberbullying conflicts. Whereas, the Restorative Justice approach proposed as a solution to the Non-Penal Policy on criminal bullying in electronic media is promising for reducing cyberbullying in the future (Sidauruk et al, 2021). Further, (Clara et al, 2016) highlight that the formation of a new Criminal Code and the conduct of comparative studies with other countries' approaches to cyberbullying can serve as a reference, an important factor to consider, and a valuable source of input on how Indonesia should approach the issue of cyberbullying.…”

“…The increasing number of complaints from victims of cyberbullying crimes from year to year certainly requires a criminal law policy, both through penal and non-penal efforts, which are not only repressive but also preventive (Sidauruk et al, 2021). The RJ approach is one of the possible mechanisms that can be offered in order to combat this type of crime.…”