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

Abstract

The rapid development of information technology has not only brought positive impacts but has also triggered a new phenomenon in the world of crime, namely cybercrime, which is now starting to involve underage perpetrators. This study aims to analyse the legal status and mechanisms of criminal liability for children in conflict with the law's (ABH) cybercrime based on applicable Indonesian regulations. The research method used is normative juridical with a statute approach. Secondary data was obtained through literature studies sourced from primary, secondary, and tertiary legal materials. The focus of the analysis is synchronisation between Law No. 11 of 2008 in conjunction with Law No. 1 of 2024 concerning Information and Electronic Transactions (UU ITE) and Law No. 11 of 2012 concerning the Juvenile Criminal Justice System (UU SPPA). This research was conducted at the Directorate of Cyber Crimes, Bareskrim Polri, with data processing and analysis from informant interviews. The research results show that children in conflict with the law, hereinafter referred to as "children", store content containing immoral and/or child molestation and/or child pornography on their Google accounts, which ultimately leads to the child's desire to act out scenes similar to the pornographic content. Handling of children in conflict with the law in cybercrime must take into account the specific characteristics of cyberspace, which often blur the boundaries of malicious intent (mens rea) in children. Although the ITE Law stipulates severe criminal sanctions, the SPPA Law mandates a restorative justice approach through a diversion mechanism to ensure the protection of children's rights and their best interests. There remains overlap in law enforcement implementation, particularly in fulfilling the complex electronic evidence element of juvenile criminal justice procedures. This research concludes that law enforcement against child cybercrime perpetrators in Indonesia should not solely focus on punitive aspects (punishment) but must prioritise rehabilitation and digital education to prevent future recidivism.

Keywords: Children in Conflict with the Law, Cybercrime, ITE Law, Juvenile Criminal Justice System, Diversion.