NON PENAL POLICY ON CYBERBULLYING TOWARD CHILDREN

Abstract

Nowadays, technology grows rapidly and one of its growth includes the communication and
information of technology. Technological advances also trigger cybercrime. Cybercrime is a
term that refers to criminal activities using computer and its network. One of the cybercrime
types which grows rapidly nowadays is cyberbullying. Arkansas Code 2012 § 5-71-217
describes this crime as an act transmits, sends, or posts a communication by electronic means
with the purpose to frighten, coerce, intimidate, threaten, abuse, harass, or alarm another
person. In developed countries, serious efforts have been made to combat cyberbullying.
While the awareness of cyberbullying threat as a crime is still low in Indonesia, there is no
clear legal rule regarding this crime. the difficulty of running a non penal policy. This study
used the theory of criminal policy and theory of criminal law reform. The result of the study
showed that the EIT Law No. 19 of 2016 consists of cyberbullying with cyberharassment
type in article 27 paragraph 3 and cyberstalking in article 27 paragraph 4 after comparing
with Arkansas code 2012 § 5-71-217. Indonesia uses non-penal policies such as moral
approach, cultural approach, scientific approach, technological approach and role of media in
tackling cyberbullying actions against children.