ANALISIS YURIDIS TERHADAP ANAK YANG BERHADAPAN DENGAN HUKUM TERKAIT KEJAHATAN SIBER MENURUT REGULASI DI INDONESIA

Abstract

Law enforcement against children who are facing the law, especially in cases of cybercrimes such as child pornography, face a variety of legal and social challenges. This study aims to analyze the effectiveness of the implementation of the Juvenile Criminal Justice System as stipulated in Law Number 11 of 2012 concerning the Juvenile Criminal Justice System and the obstacles faced in its implementation. This study uses a normative juridical approach with an analytical descriptive method to examine laws and regulations and judicial practices in handling cases involving children as perpetrators and victims. The purpose of this study is to find out and analyze how the application of the law to children who face the law in handling cybercrime crimes, and the obstacles faced in the law enforcement process against children who face the law in cybercrime crimes, as well as to find out the impact and potential that arises on children in dealing with developments in the digital era with the threat of cybercrime so that this research provide benefits or usefulness for other people and carrying agencies in handling children. The research was carried out at the Directorate of Cyber Crime of the Criminal Investigation Branch of the National Police with the processing and analysis of data and interviews of informants. The results of the study show that children who are in conflict with the law, hereinafter referred to as Children, store content that contains immoral content and/or child pornography on the child's google account, which ultimately has the desire to do scenes like the content that contains pornography. In the implementation and implementation of the handling of cases against Children Facing the Law (ABH) even though Law Number 11 of 2012 has regulated the diversion mechanism and restorative justice approach, its implementation still faces obstacles, including lack of understanding by law enforcement officials, limited child rehabilitation facilities, and lack of digital literacy among the community. The cases studied in this study reveal that environmental factors, lack of parental supervision, and the prevalence of internet access without adequate control are the main causes of the increase in children's involvement in cybercrime. Therefore, synergy is needed between the government, law enforcement officials, educational institutions, and families in improving the protection of children from the risk of cybercrime. In addition, policy reforms that are more adaptive to the development of digital technology need to be implemented to ensure that the juvenile criminal justice system can function effectively and provide maximum protection for children facing the law.

Keywords: Juvenile Criminal Justice System, Diversion, Restorative Justice, Cybercrime, Child Protection.