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All Journal FIAT JUSTISIA: Jurnal Ilmu Hukum Journal of Law and Social Politics
Anissa Furqanina
University of Melbourne
Humanities Education Law, Crime, Criminology & Criminal Justice Library & Information Science Social Sciences

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Reconstruction of a Normative Regulatory Model for Juvenile Cybercrime within the Indonesian Criminal Justice System: A Restorative and Procedural Approach Yuni Priskila Ginting; Franciscus Xaverius Wartoyo; Anissa Furqanina
Journal of Law and Social Politics Vol. 4 No. 2 (2026): Journal of Law and Social Politics
Publisher : Politeknik Siber Cerdika Internasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59261/jlsp.v4i2.96

Abstract

Background: The rapid development of digital technology has generated new forms of cybercrime involving children as perpetrators. In Indonesia, existing legal frameworks, particularly the Criminal Code and Law No. 11 of 2008 on Electronic Information and Transactions, have not fully accommodated the dual position of children as offenders and subjects entitled to special protection. Objective: This study aims to reconstruct a regulatory model for cybercrimes committed by children based on restorative justice and the best interests of the child. Methods: This study applies a normative juridical method using statutory, conceptual, and comparative approaches. It examines Indonesian regulations, relevant doctrines, international child protection standards, and comparative legal frameworks from the United Kingdom, Australia, and Malaysia. Results: The findings show that Indonesian law remains largely retributive and lacks specific procedural guidelines for digital offenses involving minors. The proposed model emphasizes child-sensitive digital forensic procedures, diversion mechanisms, digital rehabilitation programs, and harmonization between the ITE Law and the Juvenile Criminal Justice System Law. Conclusion: The proposed framework integrates criminal liability, child protection, restorative justice, and digital literacy. Future research should empirically test this model through field studies involving legal practitioners and juvenile court data.
Dignified Justice and the Reconstruction of Indonesia’s Juvenile Criminal Law: Lessons from Australia toward SDG 16 Yuni Priskila Ginting; Anissa Furqanina; Teguh Prasetyo
Fiat Justisia: Jurnal Ilmu Hukum Vol. 20 No. 3 (2026)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v20no3.5370

Abstract

Indonesia's juvenile justice system, governed by Law No. 11 of 2012 on the Juvenile Criminal Justice System, continues to face challenges arising from restrictive diversion provisions and the continued use of detention. Although Australia has developed more flexible diversionary mechanisms under the Youth Justice Act 1992 (Queensland) and the Young Offenders Act 1997 (New South Wales), persistent inequalities affecting First Nations children demonstrate that restorative justice alone cannot eliminate structural disadvantage. This study examines the juvenile justice systems of Indonesia and Australia to develop a reconstruction model for Indonesia based on the concept of dignified justice. Using normative legal research with comparative and conceptual approaches, it analyzes legislation, international instruments, and relevant legal scholarship. The study finds that Indonesia's diversion framework remains constrained by statutory sentencing thresholds rather than the child's individual circumstances and rehabilitative needs. It proposes a dignified justice-based model comprising a hybrid age-responsibility assessment, expanded child-centered diversion, stronger safeguards governing detention, and institutional reform. By positioning the protection of children's dignity as the normative foundation of juvenile justice, this study offers an integrated framework that strengthens child rights protection and supports the achievement of Sustainable Development Goal 16.
Co-Authors Prasetyo, Teguh Wartoyo, Franciscus Xaverius Yuni Priskila Ginting