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Pengaturan Hukum Kejahatan Cyberbullying Ditinjau dari Undang-Undang Informasi dan Transaksi Elektronik: Studi Normatif Berdasarkan Kasus Arya Mohan Maria Suryani Sutantri Kura; Aksi Sinurat; Debi F. Ng. Fallo
Jurnal Pengabdian Masyarakat Kesosi Vol. 9 No. 1 (2026): Januari: Jurnal Abdimas KESOSI
Publisher : Sekolah Tinggi Ilmu Kesehatan Kesetiakawanan Sosial Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57213/abdimas.v9i1.421

Abstract

This research utilizes a normative juridical approach oriented towards regulation and conceptual analysis, focusing on comparing legal norms before and after the amendment. The findings indicate that the Cyberbullying experienced by Arya Mohan substantially fulfills the elements of a criminal offense as regulated in Article 27 paragraph (3) of the Electronic Information and Transactions Law (2008-2016) and Article 27A of Law Number 1 of 2024 concerning the Second Amendment to the ITE Law. These articles specifically criminalize defamation and insult through electronic platforms, with criminal penalties. The context explains that the changes through Law Number 1 of 2024 affirm this case as an absolute complaint offense, meaning legal proceedings only commence upon an official report from the victim or their proxy. The case involving Arya Mohan shows that the absence of a victim's report and the loss of most evidence due to deletion actions resulted in unfulfilled formal requirements and insufficient evidence, leading to the discontinuation of legal proceedings despite all substantive elements being met, such as intent and dissemination of insults. The legal implications of these findings show that successful law enforcement regarding Cyberbullying heavily depends on victim reports and the availability of valid electronic evidence, such as screenshots or server logs. Indonesia's legal framework has provided a robust normative basis for addressing Cyberbullying, but implementation remains dependent on complaint mechanisms and criminal procedural testing. To address this, reforms such as strengthening evidence preservation protocols by platform providers and public education on victims' rights are needed to enhance law enforcement in the digital era.