Legal Analysis on Cyber bullying in Social Media Conducted by Underage Based on Indonesian Law

1. Preface

Social media is one of the easiest means that provide freedom of opinion. However, the existence of social media in this era also contributes to disadvantages. The presence of cyberbullying shows that freedom in social media is often misused to harm others. Cyberbullying is a behavior that is intended to ridicule, frighten, injure or cause harm to the weaker party by using the means of communication on Technology of Information. Ironically, there are many cases on Cyberbullying ended with more serious incident such as suicide.

Katie Webb ended her life at 12 years old. Katie was found dead, hanging herself at her home in Evesham, Worcestershire, England due to bullying conducted by her friends via Facebook. She gets insults for her hairstyles and her clothes preferences. Lara Burns, also died at 12 years old, a girl from Ireland conducted suicide. Lara was found dead at her home on November, 24th 2012. According to the local police investigation, Lara was desperate due to bullying in her social media accounts. Other case happened in Canada, Amanda Told, a teenager, conducted suicide due to bulling she suffered for 3 years. Amanda not only accept cyberbullying, but she also became a victim of extortion and physical violence from the people around her. Before conducted suicide, Amanda had posted a video on YouTube about bullying she suffered. There are still lots of cyberbullying victims that end his/her life or at least suffer for physiological or mental damage. From the case mentioned above, we can see that most of the victims of cyberbullying are women, kids, or teenagers.

Besides, become the victim, often happened that kids or teenagers also become the perpetrator of cyberbullying. It is not a new thing since, most of social media users are teenagers. In Indonesia for instance, nearly 75 million of internet users are children, ie 12 to 18 years old. It happened since commonly adults see the internet as a place to find information while more teens use the internet as a means to communicate and socialize. However, unfortunately, according to Digital Forensic Analyst and Information Security Consultant, Ruby Alam, there are still lacks of adult supervision on their kids as internet users.

According SafeNet, during 2008-2014 there were 74 cases in Indonesia, 53% of the cases (30% with an average of four cases each month) occurred in 2014 related to the status of the internet and a total of 92% of reported cases is the act of defamation, on facebook, twitter, even in the realm that is considered closed, such as a line group.

Furthermore, according to research by The United Nation Children’s Fund (UNICEF) and Indonesian Commission on Communications and Technology of Information in 2014, conducted to 400 respondents (aged 10-19 years) in 17 provinces in Indonesia, found that there are 58 percent of children who are not familiar with the problem of cyberbullying. Besides, it also found that 39 percent of children do not know about the security on the internet, for instance by letting others to read their personal email. Meanwhile 41 percent lie about their age in order to access certain sites, 21 percent ever communicate with strangers and 24.5 percent gives their phone number and address on social media.

The lack of understanding on cyber, laws, and responsibilities of course become the most reasons that contributes to cyberbullying. In this essay, we will discuss about the nature of cyber bullying and how we should overcome such problems whether in preventive or repressive means.

2. Legal Issue
1. How Indonesian Law regulates about Cyberbullying in Indonesia ?
2. How to overcome Cyberbullying in preventive and repressive means ?

3. Analysis
1. Nature of Bullying and Cyberbullying

Bullying defines as an act that involves physical violence or humiliation. It is triggered by an imbalance power. Bullies (people who conduct bullying) usually feel powerful and superior and their target is those who are socially vulnerable. Most victims are usually seen distressed emotionally and academically stunted. In addition, bullying has three characteristics, which are:

1. intentional;
2. Involves the imbalance of power between the bullies (individual or group) and victims;
3. Repetitive and occur from time to time.

Based on the above characteristics, it can be inferred that bullying is an act of violence inform of verbal or physical. This is usually done by children who feel more powerful and has the power to suppress friend who tends as a loner, and physically weak. Bullying usually performed continuously by the perpetrator. Victims tend to be more introverted and did not resist because the perpetrators usually are a group of children.

Bullying happens on the internet or cyber called as cyberbullying. Cyberbullying is bullying that happens the same as common bullying, they both intimidate or interfere those who are weak, and however, cyberbullying is generally conducted in social media.

Cyberbullying, in physiologic studies is considered as symbolic violence. Anwar Adang said that, Symbolic violence is a form of violence that is done in subtle ways through certain mechanisms, such as power, so it does not seem as violent. Cyberbullying is not violence that can make people physically injured. While cyberbullying is violence that attacks a person's psychologic, so that these people become embarrassed and cornered. Symbolic violence is way more powerful than the physical violence, therefore the symbolic violence is a scary thing for every human being.

Cyberbullying is considered valid if the perpetrator and the victim is under 18 years old or legally is not considered as an adult. If one of the parties involved (or both) are aged over 18 years, then the case will be categorized as cybercrime or cyberstalking.

2. Legal Protection

Article 1 paragraph 1 of Law No. 35 of 2014 on the Protection of the Child, hereinafter called Law of Child Protection, defines a child is a person under 18 (eighteen) years old, including children who are still in the womb. It’s also stipulated in Article 47 Paragraph 1 Law No. 1 Year 1974 on Marriage, hereinafter called Law of Marriage, which revoke Article 330 of Burgerlijk Wetboek that child which is under 18 (eighteen) years old or have not conducting marriage is under the control of his parents as long is not revoked. From the article above we can see that child, underage, or minderjarig, is someone who is under 18 years old or have not conducting marriage yet.

One of the most important legality principle is the principle of equality before the law. This principle is one of the main principles in the Universal Declaration of Human Rights which also adopted by the Constitution of the Republic of Indonesia in 1945. This principle implies that "all citizens should have equal protection under the law and there should be no discrimination in this legal protection ".

This principle also applies to children. All children who are victims, or perpetrators should receive equal treatment before the law. It is also supported by Article 1 paragraph 2 of Law on Child Protection which defines the protection of the Children are all activities to ensure and protect the Children and their rights in order to live, grow, develop and participate optimally in accordance with human dignity, as well as protection from violence and discrimination. Thus, children who are victims of physical or verbal violence by a friend of his age are also covered by the definition of child protection from this law.

However, one important thing is children as perpetrators of a crime should not be treated the same with adult offenders. Children are still considered to be not mature enough to choose or decide a course of action. Even in this case the child offender should be considered as victims. There is an important principle in the Convention on the Rights of the Child, namely Individualized Justice Principle. This principle regulates that the law must follow the child's special characters. In Indonesian court, the judges did not wear Judge’s uniform as an ordinary criminal justice. This is done considering the psychological aspects of children which are different from adults.

Law No. 11 Year 2012 on Child Criminal Justice System, hereinafter called Law on Child Criminal Justice System, embracing the concept of restorative justice. According to Article 1 Paragraph 6 of Law on Child Criminal Justice System, restorative justice is the completion of the criminal case involving the perpetrator, the victim, the perpetrator's family/victim, and other relevant parties to work together to find a fair settlement by emphasizing on restoring back to its original state and not giving revenge. The concept of restorative justice approach is more emphasizing on the creation of fairness condition and balancing the situation of the offender and the victim.

In line with that, pursuant to Article 5 Paragraph 3 of Law on Child Criminal Justice System require to seek diversion. Diversion, according to Article 1 point 7 Law on Child Criminal Justice System is the transfer of the child criminal settlement process from court to outside court system. Sometimes it turns into mediation.

Since, the nature of cyberbullying is a bullying using internet conducted by and to minderjarig, we also have to analyze how Indonesian law regulate about cyberbullying. In general, cyberbullying can be interpreted as offenses set out in Indonesian Penal Code, hereinafter called KUHP. Articles in KUHP that most relevant in regulating cyber bullying offenses are contained in Chapter XVI on humiliation, particularly Article 310 paragraph (1) and (2) which stated that;

Article 310 Paragraph 1

“Barangsiapa dengan sengaja menyerang kehormatan atau nama baik seseorang dengan menuduhkan sesuatu hal, yang maksudnya terang supaya hal itu diketahui umum, diancam karena pencemaran, dengan pidana penjara paling lama sembilan bulan atau pidana denda paling banyak empat ribu lima ratus rupiah.”

Article 310 Paragraph 2

“Jika hal itu dilakukan dengan tulisan atau gambaran yang disiarkan, dipertunjukan atau ditempelkan di muka umum, maka diancam karena pencemaran tertulis dengan pidana penjara paling lama satu tahun empat bulan atau pidana denda paling banyak empat ribu lima ratus rupiah”.

Of course, such articles is not enough to describes cyberbullying, therefore, in order to accommodate the setting of the virtual world and all things related to cyber, the Government established Law Number 11 Year 2008 on Information and Electronic Transactions, hereinafter called as Law on ITE.

Cyberbullying can be included in Chapter VII on Prohibited Action in Law on ITE. Some articles can be used in cyberbullying are;

Article 27 Paragraph 3 and 4

(3) “Setiap Orang dengan sengaja dan tanpa hak mendistribusikan dan/atau mentransmisikan dan/atau membuat dapat diaksesnya Informasi Elektronik dan/atau Dokumen Elektronik yang memiliki muatan penghinaan dan/atau pencemaran nama baik.”

(4) “Setiap Orang dengan sengaja dan tanpa hak mendistribusikan dan/atau mentransmisikan dan/atau membuat dapat diaksesnya Informasi Elektronik dan/atau Dokumen Elektronik yang memiliki muatan pemerasan dan/atau pengancaman.”

Article 28 Paragraph 2

“Setiap Orang dengan sengaja dan tanpa hak menyebarkan informasi yang ditujukan untuk menimbulkan rasa kebencian atau permusuhan individu dan/atau kelompok masyarakat tertentu berdasarkan atas suku, agama, ras, dan antargolongan (SARA).”

and Article 29

“Setiap Orang dengan sengaja dan tanpa hak mengirimkan Informasi Elektronik dan/atau Dokumen Elektronik yang berisi ancaman kekerasan atau menakut-nakuti yang ditujukan secara pribadi.”

All the articles mentioned above is sanctioned according to Article 45 Paragraph 1, 2, and 3 which in form of 6-12 years imprisonment and fines maximum two billion rupiah.

However, such law cannot be directly applied to children, we have to look at Law on Child Criminal Justice System as lex specialis derogate leg ilex generalis. According to Article 20 of this law, a criminal action conducted by a child before they turned into 18 years old, but proceeded to court after he/she turned into 18 years old but under 21 years old, such case can be proceeded and settled by Children Court.

However, Pursuant to Article 21 Paragraph 1, in case that a child (perpetrators) is under 12 years old, the authorized officer must choose whether to send back the child to his/her parents, or to send him/her to educational programs, coaching, and mentoring in government agencies or LPKS agency dealing with social welfare, both at central and regional levels, not later than 6 (six) months.

In case that such child must be convicted by imprisonment, Pursuant to Article 79 Paragraph 2 Law on Child Criminal Justice System, the imprisonment must be ½ from what should be convicted to adult perpetrator.

3. Stakeholder Participation

Cyberbullying is not merely the problem of youth or the government, but also the responsibility of other stakeholders including parents, school, communities, law enforcement officers and others. Each stakeholder has their own duties to do something to prevent and overcome the cyberbullying. Research conducted by Hinduja and Patchin in the United States shows that both victims and perpetrators have lower confidence than those who have never experienced cyberbullying. The effects of cyberbullying not only to the extent of hurting the feelings of any, further it can damage the mental and psychological condition of teenagers.

Nowadays, there are two kinds of challenges that make cyberbullying is hard to be prevented which are; First, is that people do not see the danger or serious impacts of this cyberbullying because they think there are lots of act of aggression or assault that give more effect than cyberbullying. Second, regarding who will be responsible for the misuse of technology.

Parents sometimes argue they do not have sufficient skills to be able to continuously monitoring their children’s online activities. Teachers sometimes afraid to meddle of student’s problems occurs outside school activities. Meanwhile the law enforcement officials insisted would not get involved if there is no clear evidence or a significant threat to a person.

Andry, Irene and O'Moore, said that the behavior of careless parents resulted in making their children became delinquent and aggressive. Olweus, also said that children who often get physical punishment by his father at home, tends to commit physical violence to their friends. In this case, the role of parents is crucial in monitoring the progress their child's personality. Parents should be the role models who exemplify good characters to their children. More than that, parents is oblige to understand well how to use internet and monitor their children’s internet activities. Before they allow their children to use a social media, parents should understand such social media, or at least they should be their children’s friend in any account of their child’s social media.

The role of the teacher in the school, especially the counseling teachers (BK) is also very important. However, many teachers and students argues that physical or verbal abuse committed by students to other students is common. To prevent cyberbullying, parents and teachers need to educate their children and students about the correct and safe online behavior.

Schools also have responsibility to participate in preventing cyberbullying. An important steps that can be taken is to educate the school community about the responsibility in using internet and other digital technologies. Students should be aware that all forms of bullying is wrong and everyone who involved in bullying will receive disciplinary action. In general, it’s important to create and maintain a school environment which respecting each other and enhance the integrity of any person.

Besides maintaining good environment, school has the responsibility to make sure that their student is fully aware about the harm of internet. Children have to know how to protect their self from cyberbullying such as how to use privacy protection in social media. School in IT subject must give such materials as early as possible.

In repressive means, the implementation of laws and regulations must be conducted well. Children as perpetrator and victim of cyberbullying must get serious treatment to overcome such habit and its effect. The perpetrators must be given proper internet education and the awareness of conducting good and bad behavior and also its consequences. Meanwhile, the victims must get proper psychologic treatment so there will be no trauma suffered by such children that will effects their growth. Both perpetrators and the victims must get proper support from the community in order to make their good personality back.

4. Conclusion

From the analysis above we can conclude that cyberbullying is a serious problem that conducted and suffered by children. Since, cyberbullying is a crime conducted by children, the treatment of such crime must be differentiated with adult’s crime. Referring to Law of ITE, Law of Child Protection and Law on Child Criminal Justice System, perpetrators of cyberbullying can be convicted for 6-12 years imprisonment and fines with maximum two billion rupiah. In order to overcome cyberbullying, preventive or repressive measures must be conducted. Both preventive and repressive measures must be conducted by the collaboration of all stakeholder which are Government, Parents, School, Teachers, Community, and the Children themselves.

........................................................

1. 

1. Preface

Social media is one of the easiest means that provide freedom of opinion. However, the existence of social media in this era also contributes to disadvantages. The presence of cyberbullying shows that freedom in social media is often misused to harm others. Cyberbullying is a behavior that is intended to ridicule, frighten, injure or cause harm to the weaker party by using the means of communication on Technology of Information. Ironically, there are many cases on Cyberbullying ended with more serious incident such as suicide.

Katie Webb ended her life at 12 years old. Katie was found dead, hanging herself at her home in Evesham, Worcestershire, England due to bullying conducted by her friends via Facebook. She gets insults for her hairstyles and her clothes preferences. Lara Burns, also died at 12 years old, a girl from Ireland conducted suicide. Lara was found dead at her home on November, 24th 2012. According to the local police investigation, Lara was desperate due to bullying in her social media accounts. Other case happened in Canada, Amanda Told, a teenager, conducted suicide due to bulling she suffered for 3 years. Amanda not only accept cyberbullying, but she also became a victim of extortion and physical violence from the people around her. Before conducted suicide, Amanda had posted a video on YouTube about bullying she suffered. There are still lots of cyberbullying victims that end his/her life or at least suffer for physiological or mental damage. From the case mentioned above, we can see that most of the victims of cyberbullying are women, kids, or teenagers.

Besides, become the victim, often happened that kids or teenagers also become the perpetrator of cyberbullying. It is not a new thing since, most of social media users are teenagers. In Indonesia for instance, nearly 75 million of internet users are children, ie 12 to 18 years old. It happened since commonly adults see the internet as a place to find information while more teens use the internet as a means to communicate and socialize. However, unfortunately, according to Digital Forensic Analyst and Information Security Consultant, Ruby Alam, there are still lacks of adult supervision on their kids as internet users.

According SafeNet, during 2008-2014 there were 74 cases in Indonesia, 53% of the cases (30% with an average of four cases each month) occurred in 2014 related to the status of the internet and a total of 92% of reported cases is the act of defamation, on facebook, twitter, even in the realm that is considered closed, such as a line group.

Furthermore, according to research by The United Nation Children’s Fund (UNICEF) and Indonesian Commission on Communications and Technology of Information in 2014, conducted to 400 respondents (aged 10-19 years) in 17 provinces in Indonesia, found that there are 58 percent of children who are not familiar with the problem of cyberbullying. Besides, it also found that 39 percent of children do not know about the security on the internet, for instance by letting others to read their personal email. Meanwhile 41 percent lie about their age in order to access certain sites, 21 percent ever communicate with strangers and 24.5 percent gives their phone number and address on social media.

The lack of understanding on cyber, laws, and responsibilities of course become the most reasons that contributes to cyberbullying. In this essay, we will discuss about the nature of cyber bullying and how we should overcome such problems whether in preventive or repressive means.

2. Legal Issue
1. How Indonesian Law regulates about Cyberbullying in Indonesia ?
2. How to overcome Cyberbullying in preventive and repressive means ?

3. Analysis
1. Nature of Bullying and Cyberbullying

Bullying defines as an act that involves physical violence or humiliation. It is triggered by an imbalance power. Bullies (people who conduct bullying) usually feel powerful and superior and their target is those who are socially vulnerable. Most victims are usually seen distressed emotionally and academically stunted. In addition, bullying has three characteristics, which are:

1. intentional;
2. Involves the imbalance of power between the bullies (individual or group) and victims;
3. Repetitive and occur from time to time.

Based on the above characteristics, it can be inferred that bullying is an act of violence inform of verbal or physical. This is usually done by children who feel more powerful and has the power to suppress friend who tends as a loner, and physically weak. Bullying usually performed continuously by the perpetrator. Victims tend to be more introverted and did not resist because the perpetrators usually are a group of children.

Bullying happens on the internet or cyber called as cyberbullying. Cyberbullying is bullying that happens the same as common bullying, they both intimidate or interfere those who are weak, and however, cyberbullying is generally conducted in social media.

Cyberbullying, in physiologic studies is considered as symbolic violence. Anwar Adang said that, Symbolic violence is a form of violence that is done in subtle ways through certain mechanisms, such as power, so it does not seem as violent. Cyberbullying is not violence that can make people physically injured. While cyberbullying is violence that attacks a person's psychologic, so that these people become embarrassed and cornered. Symbolic violence is way more powerful than the physical violence, therefore the symbolic violence is a scary thing for every human being.

Cyberbullying is considered valid if the perpetrator and the victim is under 18 years old or legally is not considered as an adult. If one of the parties involved (or both) are aged over 18 years, then the case will be categorized as cybercrime or cyberstalking.

2. Legal Protection

Article 1 paragraph 1 of Law No. 35 of 2014 on the Protection of the Child, hereinafter called Law of Child Protection, defines a child is a person under 18 (eighteen) years old, including children who are still in the womb. It’s also stipulated in Article 47 Paragraph 1 Law No. 1 Year 1974 on Marriage, hereinafter called Law of Marriage, which revoke Article 330 of Burgerlijk Wetboek that child which is under 18 (eighteen) years old or have not conducting marriage is under the control of his parents as long is not revoked. From the article above we can see that child, underage, or minderjarig, is someone who is under 18 years old or have not conducting marriage yet.

One of the most important legality principle is the principle of equality before the law. This principle is one of the main principles in the Universal Declaration of Human Rights which also adopted by the Constitution of the Republic of Indonesia in 1945. This principle implies that "all citizens should have equal protection under the law and there should be no discrimination in this legal protection ".

This principle also applies to children. All children who are victims, or perpetrators should receive equal treatment before the law. It is also supported by Article 1 paragraph 2 of Law on Child Protection which defines the protection of the Children are all activities to ensure and protect the Children and their rights in order to live, grow, develop and participate optimally in accordance with human dignity, as well as protection from violence and discrimination. Thus, children who are victims of physical or verbal violence by a friend of his age are also covered by the definition of child protection from this law.

However, one important thing is children as perpetrators of a crime should not be treated the same with adult offenders. Children are still considered to be not mature enough to choose or decide a course of action. Even in this case the child offender should be considered as victims. There is an important principle in the Convention on the Rights of the Child, namely Individualized Justice Principle. This principle regulates that the law must follow the child's special characters. In Indonesian court, the judges did not wear Judge’s uniform as an ordinary criminal justice. This is done considering the psychological aspects of children which are different from adults.

Law No. 11 Year 2012 on Child Criminal Justice System, hereinafter called Law on Child Criminal Justice System, embracing the concept of restorative justice. According to Article 1 Paragraph 6 of Law on Child Criminal Justice System, restorative justice is the completion of the criminal case involving the perpetrator, the victim, the perpetrator's family/victim, and other relevant parties to work together to find a fair settlement by emphasizing on restoring back to its original state and not giving revenge. The concept of restorative justice approach is more emphasizing on the creation of fairness condition and balancing the situation of the offender and the victim.

In line with that, pursuant to Article 5 Paragraph 3 of Law on Child Criminal Justice System require to seek diversion. Diversion, according to Article 1 point 7 Law on Child Criminal Justice System is the transfer of the child criminal settlement process from court to outside court system. Sometimes it turns into mediation.

Since, the nature of cyberbullying is a bullying using internet conducted by and to minderjarig, we also have to analyze how Indonesian law regulate about cyberbullying. In general, cyberbullying can be interpreted as offenses set out in Indonesian Penal Code, hereinafter called KUHP. Articles in KUHP that most relevant in regulating cyber bullying offenses are contained in Chapter XVI on humiliation, particularly Article 310 paragraph (1) and (2) which stated that;

Article 310 Paragraph 1

“Barangsiapa dengan sengaja menyerang kehormatan atau nama baik seseorang dengan menuduhkan sesuatu hal, yang maksudnya terang supaya hal itu diketahui umum, diancam karena pencemaran, dengan pidana penjara paling lama sembilan bulan atau pidana denda paling banyak empat ribu lima ratus rupiah.”

Article 310 Paragraph 2

“Jika hal itu dilakukan dengan tulisan atau gambaran yang disiarkan, dipertunjukan atau ditempelkan di muka umum, maka diancam karena pencemaran tertulis dengan pidana penjara paling lama satu tahun empat bulan atau pidana denda paling banyak empat ribu lima ratus rupiah”.

Of course, such articles is not enough to describes cyberbullying, therefore, in order to accommodate the setting of the virtual world and all things related to cyber, the Government established Law Number 11 Year 2008 on Information and Electronic Transactions, hereinafter called as Law on ITE.

Cyberbullying can be included in Chapter VII on Prohibited Action in Law on ITE. Some articles can be used in cyberbullying are;

Article 27 Paragraph 3 and 4

(3) “Setiap Orang dengan sengaja dan tanpa hak mendistribusikan dan/atau mentransmisikan dan/atau membuat dapat diaksesnya Informasi Elektronik dan/atau Dokumen Elektronik yang memiliki muatan penghinaan dan/atau pencemaran nama baik.”

(4) “Setiap Orang dengan sengaja dan tanpa hak mendistribusikan dan/atau mentransmisikan dan/atau membuat dapat diaksesnya Informasi Elektronik dan/atau Dokumen Elektronik yang memiliki muatan pemerasan dan/atau pengancaman.”

Article 28 Paragraph 2

“Setiap Orang dengan sengaja dan tanpa hak menyebarkan informasi yang ditujukan untuk menimbulkan rasa kebencian atau permusuhan individu dan/atau kelompok masyarakat tertentu berdasarkan atas suku, agama, ras, dan antargolongan (SARA).”

and Article 29

“Setiap Orang dengan sengaja dan tanpa hak mengirimkan Informasi Elektronik dan/atau Dokumen Elektronik yang berisi ancaman kekerasan atau menakut-nakuti yang ditujukan secara pribadi.”

All the articles mentioned above is sanctioned according to Article 45 Paragraph 1, 2, and 3 which in form of 6-12 years imprisonment and fines maximum two billion rupiah.

However, such law cannot be directly applied to children, we have to look at Law on Child Criminal Justice System as lex specialis derogate leg ilex generalis. According to Article 20 of this law, a criminal action conducted by a child before they turned into 18 years old, but proceeded to court after he/she turned into 18 years old but under 21 years old, such case can be proceeded and settled by Children Court.

However, Pursuant to Article 21 Paragraph 1, in case that a child (perpetrators) is under 12 years old, the authorized officer must choose whether to send back the child to his/her parents, or to send him/her to educational programs, coaching, and mentoring in government agencies or LPKS agency dealing with social welfare, both at central and regional levels, not later than 6 (six) months.

In case that such child must be convicted by imprisonment, Pursuant to Article 79 Paragraph 2 Law on Child Criminal Justice System, the imprisonment must be ½ from what should be convicted to adult perpetrator.

3. Stakeholder Participation

Cyberbullying is not merely the problem of youth or the government, but also the responsibility of other stakeholders including parents, school, communities, law enforcement officers and others. Each stakeholder has their own duties to do something to prevent and overcome the cyberbullying. Research conducted by Hinduja and Patchin in the United States shows that both victims and perpetrators have lower confidence than those who have never experienced cyberbullying. The effects of cyberbullying not only to the extent of hurting the feelings of any, further it can damage the mental and psychological condition of teenagers.

Nowadays, there are two kinds of challenges that make cyberbullying is hard to be prevented which are; First, is that people do not see the danger or serious impacts of this cyberbullying because they think there are lots of act of aggression or assault that give more effect than cyberbullying. Second, regarding who will be responsible for the misuse of technology.

Parents sometimes argue they do not have sufficient skills to be able to continuously monitoring their children’s online activities. Teachers sometimes afraid to meddle of student’s problems occurs outside school activities. Meanwhile the law enforcement officials insisted would not get involved if there is no clear evidence or a significant threat to a person.

Andry, Irene and O'Moore, said that the behavior of careless parents resulted in making their children became delinquent and aggressive. Olweus, also said that children who often get physical punishment by his father at home, tends to commit physical violence to their friends. In this case, the role of parents is crucial in monitoring the progress their child's personality. Parents should be the role models who exemplify good characters to their children. More than that, parents is oblige to understand well how to use internet and monitor their children’s internet activities. Before they allow their children to use a social media, parents should understand such social media, or at least they should be their children’s friend in any account of their child’s social media.

The role of the teacher in the school, especially the counseling teachers (BK) is also very important. However, many teachers and students argues that physical or verbal abuse committed by students to other students is common. To prevent cyberbullying, parents and teachers need to educate their children and students about the correct and safe online behavior.

Schools also have responsibility to participate in preventing cyberbullying. An important steps that can be taken is to educate the school community about the responsibility in using internet and other digital technologies. Students should be aware that all forms of bullying is wrong and everyone who involved in bullying will receive disciplinary action. In general, it’s important to create and maintain a school environment which respecting each other and enhance the integrity of any person.

Besides maintaining good environment, school has the responsibility to make sure that their student is fully aware about the harm of internet. Children have to know how to protect their self from cyberbullying such as how to use privacy protection in social media. School in IT subject must give such materials as early as possible.

In repressive means, the implementation of laws and regulations must be conducted well. Children as perpetrator and victim of cyberbullying must get serious treatment to overcome such habit and its effect. The perpetrators must be given proper internet education and the awareness of conducting good and bad behavior and also its consequences. Meanwhile, the victims must get proper psychologic treatment so there will be no trauma suffered by such children that will effects their growth. Both perpetrators and the victims must get proper support from the community in order to make their good personality back.

4. Conclusion

From the analysis above we can conclude that cyberbullying is a serious problem that conducted and suffered by children. Since, cyberbullying is a crime conducted by children, the treatment of such crime must be differentiated with adult’s crime. Referring to Law of ITE, Law of Child Protection and Law on Child Criminal Justice System, perpetrators of cyberbullying can be convicted for 6-12 years imprisonment and fines with maximum two billion rupiah. In order to overcome cyberbullying, preventive or repressive measures must be conducted. Both preventive and repressive measures must be conducted by the collaboration of all stakeholder which are Government, Parents, School, Teachers, Community, and the Children themselves.

...................................................................................................................

1. Feronika Azmil, Merdeka.com, 5 Korban Mati Akibat Cyber Bullying, http://www.merdeka.com/teknologi/5-korban-bunuh-diri-akibat-cyberbullying-sisi-hitam-jejaring-sosial/katie-webb.html, accessed on May, 28th 2016.

2. ibid

3. ibid

4. C.Gengler, Teens and the Internet, http://www.extension.umn.edu/capacity/fd/sites/parenting/programs/familiesWithTeens/teenTalk/tt_internet_revised.pdf,

5. Kharina Triananda, Berita Satu.com, 58% Anak Di Indonesia Tidak Memahami Cyberbullying, http://www.beritasatu.com/iptek/275905-58-anak-di-indonesia-tidak-memahami-cyber-bullying.html, accessed on May, 28th 2016.

6. SafeNet, http://id.safenetvoice.org/2014/11/8-poin-catatan-dari-kriminalisasi-netizen-dengan-uu-ite/, accessed on May, 28th 2016

7. Kharina Triananda, Op.Cit,

8. Encyclopedia of Mental Health, Second Edition, 2015, Academic Press, pg. 216

9. Nathaniel Levy, et all, "Bullying in a Networked Era: A Literature Review", Harvard University - Berkman Center for Internet & Society, Research Publication No. 2012-17, September 2012, pg. 8

10. Yana Choria Utami, Cyberbullying dikalangan Remaja, http://journal.unair.ac.id/download-fullpapers-kmnts73d7a00d3dfull.pdf, accessed on May 28th 2016.

11. ibid,

12. S. Hinduja and J.W. Patchin, Cyberbullying and Self Esteem: Cyberbullying Research Summary, http://www.cyberbullying.us/ cyberbullying_and_self_esteem_research_fa ct_sheet.pdf, 2010.

13. Flourensia Sapti Rahayu, Cyber Bullying Sebagai Dampak Negative Teknologi Informasi, http://strahan.kemhan.go.id/web/jdih/myupload/321-1056-1-pb.pdf

14. Muzdalifah Mei, Pencegahan Dan Perlindungan Hukum Terhadap Anak-AnakDibawah Umur Sebagai Pelaku Kasus Bullying, 2015, pg 12.

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