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All Journal Berajah Journal Academica: Journal of Multidisciplinary Studies
Regina Yura Fitriah Sari
Universitas Islam Syekh-Yusuf Tangerang
Religion Humanities Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Library & Information Science Social Sciences Other

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PERTANGGUNGJAWABAN PIDANA DALAM KASUS CYBERBULLYING ANALISIS YURISPRUDENSI DAN IMPLEMENTASI KUHP NASIONAL 2023 SERTA UU ITE Ahmad Fahrul Rozi; Siti Humulhaer; Ani Wahyuni; Regina Yura Fitriah Sari; Oky Rona Wijaya
Berajah Journal Vol. 6 No. 1 (2026): Berajah Journal
Publisher : CV. Lafadz Jaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47353/bj.v2i3.111

Abstract

Cyberbullying has become a serious challenge in the digital era in Indonesia, with an alarming prevalence. Data from the Indonesian Child Protection Commission recorded 1,478 cases of bullying (both online and offline) in 2023, with significant psychological impacts that in some cases have led to suicide. This study analyzes the criminal liability of cyberbullying perpetrators from the perspective of the Indonesian National Criminal Code 2023, which will come into effect on 2 January 2026, and Law Number 1 of 2024 on Electronic Information and Transactions. Using a normative analytical juridical research method, this study examines the harmonization between the National Criminal Code as lex generalis and the ITE Law as lex specialis, as well as the shift in sentencing paradigms from a retributive approach toward a restorative one. The findings indicate that the National Criminal Code provides a stronger foundation for the enforcement of cyberbullying laws through the regulation of supervisory penalties, the application of restorative justice, and the strengthening of criminal sanctions. However, the main challenges remain the absence of a specific cyberbullying offense, the complexity of proving the element of “repetition,” and the anonymity of perpetrators in digital environments. This study recommends the establishment of a specific cyberbullying offense within the ITE Law and the development of law enforcement strategies that prioritize victim protection as well as the rehabilitation of offenders.
Implementation of Restorative Justice as a Criminal Policy: A Literature Review Irwan Soeharlim; Regina Yura Fitriah Sari; Ani Wahyuni; Oky Rona Wijaya; Ahmad Fahrul Rozi; Mustofa Kamil
Academica: Journal of Multidisciplinary Studies Vol. 10 No. 1 (2026): January-June 2026
Publisher : Universitas Islam Negeri Raden Mas Said Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22515/academica.v10i1.14879

Abstract

This literature review examines the implementation of restorative justice as a contemporary criminal policy instrument, tracing its paradigmatic shift from retributive punishment to relational healing. Drawing on scholarly literature published between 2020 and 2026, the study synthesizes conceptual foundations, regulatory frameworks, operational mechanisms, and implementation barriers. Findings reveal that while Indonesia has advanced restorative practices through sectoral regulations and juvenile diversion, fragmented legislation, resource constraints, and entrenched retributive cultures hinder consistent application. Evidence indicates that properly facilitated processes enhance victim satisfaction, reduce judicial burdens, and promote offender accountability, yet success depends on voluntary participation and institutional safeguards. The review concludes that realizing restorative justice’s potential requires unified legislation, sustained capacity building, and systematic monitoring. Ultimately, it offers a culturally resonant pathway toward humane criminal justice reform.
Co-Authors Ahmad Fahrul Rozi Ani Wahyuni Irwan Soeharlim Mustofa Kamil Oky Rona Wijaya Siti Humulhaer