Kebijakan Kriminal Penanggulangan Kejahatan Melalui Media Sosial Sebagai Sarana untuk Melakukan Kejahatan terhadap Anak

Abstract

The criminal policy of dealing with crimes against children, uploading videos, or photos or negative content involving children on social media is not enough with Law No. 35/2014 jo. Law No.23/2002 on Child Protection, even the presence of Law No.11/2008 (UUITE) is considered unable to tackle crimes against children as victims on social media. Substantive policies that regulate crime prevention through social media as a means of committing crimes against children, and how the applicable policies are, as well as crime prevention that should be done to protect children from crimes on social media. This type of research is normative, descriptive and prescription. Qualitative data analysis. Analyzing problems by taking a legal approach (statutes of approach) and a case approach (case approach), not case studies or court decision studies. This thesis does not examine court decisions but describes various cases that have appeared on social media regarding crimes against children. Substantive policies in UUITE which regulates the prevention of crimes against children as victims through social media still contain classic policy models. The criminal threat in Article 45 paragraph (1) of the UUITE is a maximum of six years which is not comparable to and does not provide alternative sanctions. Criminal sanctions and maximum fines, there is no minimum, thus opening a space for imposing criminal offenses that injure the sense of justice. This applicable crime prevention policy also tends to prioritize the criminal process. On the one hand, the perpetrators are threatened/severely punished according to Article 52 paragraph (1) and Article 45 paragraph (1) of Law No.11/2008, while the actions of the perpetrators according to Law No.35/2014 jo. Law No.23/2002 can be resolved by diversion to find restorative justice which is primarily in the best interests of the child, not merely prioritizing the criminal process. Substantive policies in Law No.11/2008 should be threatened more severely than criminal threats in Law No.35/2014 jo. Law No.23/2002 to reduce crimes against children on social media. The applicative policy of every child case on social media must pay attention to the best interests of the child, not prioritizing resolving cases of children as criminal victims on social media through the criminal law process. The crime prevention policy that should be carried out to protect children from the crime of distributing videos, photos, and negative content on social media is to combine penal and non-penal efforts in an integrated manner as an effort that cannot be separated in criminal policy