Criminal policy on cyberbullying toward children

Doctoral Program in Law, Graduate School, Universitas Sumatera Utara, Medan, Indonesia

^* Corresponding Author: law_weng@yahoo.com

Abstract

Currently, the information and communication technology is experiencing a rapid development. Technological advances also trigger a variety of crimes (cybercrime). Cybercrime is a term that refers to criminal activities using computer and its network. One of the developing cybercrimes today is cyberbullying. The National Conference of State Legislatures describes this crime as an act of harassing and threatening others intentionally and repeatedly. In developed countries, serious efforts have been made to combat cyberbullying. While the awareness of cyberbullying threat as a crime is still low in Indonesia, there is no clear legal rule regarding this crime. This study used the theory of criminal policy and theory of criminal law reform. There are two impacts caused by the absence of the law. First, the difficulty of running a criminal policy. Second, cyberbullying has a psychological impact on victims such as a frustration, a depression, and even a suicidal intention. The result of the research showed that in terms of a penal policy, Indonesia applies the Electronic Information and Transactions Law (UU ITE) No.19 of 2016 in dealing with cyberbullying with cyberharassment type in article 27 paragraph 3 and cyberstalking in article 27 paragraph 4 after comparing with Arkansas code 2012 § 5-71-217. In terms of a non-penal policy, moral approach, technological approach, and media role are used.