PERTANGGUNGJAWABAN PIDANA TERHADAP PELAKU CYBERBULLYING: TINJAUAN DALAM KUHP DAN UU ITE DALAM HUKUM POSITIF INDONESIA

Abstract

The development of information and communication technology has a very large influence on the dynamics of criminal acts in modern times, namely cyberbullying. Cyberbullying is a form of psychological or verbal violence carried out electronically through the media, including insults, defamation, or hate speech. This study aims to examine the form of criminal responsibility for perpetrators of cyberbullying in the perspective of positive Indonesian law, especially seen from the Criminal Code (KUHP) and the Electronic Information and Transactions Law (UU ITE). In its implementation, the method used is normative juridical with a statutory approach and case studies. The conclusion of the study focuses on the aggregation that although cyberbullying is not explicitly mentioned in the Criminal Code, the act can be qualified as a criminal act of defamation, insult, or unpleasant behavior. Currently, the ITE Law offers a stricter legal basis with articles on the content of insults or defamation in digital space. However, implementation in the field remains in contact with obstacles, such as proof of the perpetrator's identity, anonymous accounts, and interpretation of articles that are open to multiple interpretations. Therefore, there needs to be synchronization between the ITE Law and the Criminal Code as well as increasing the capacity of law enforcement officers to ensure legal certainty and protection of victims against cyberbullying.