The Perspective of Victimology on Cyberbullying in Social Media

Prilian Cahyani and Astutik

Faculty of Law, Airlangga University, Surabaya, Indonesia

Keywords: cyber bullying, law, victim

Abstract: More than fifty of cybercrime comes from social media. Cyberspace is divided into white and black sites.

White sites where information is known. Meanwhile, the largest portion is precisely the dark social media

became the gates of attack. The trend shows that social media is used to socialize. The growth of social media

users increases the trend of cyberbullying. That raises victims who need attention and protection. In this case,

the role of victimology is necessary to find out the relationship between victims and perpetrators, as well as

legal protection. In Indonesia there are several existing laws, it can be used to follow up on the parties doing

cybercrime. There are the Indonesian Criminal Code (KUHP), Law No. 40 the year 1999 on the Press and

the Law on Electronic Information and Transaction. However, these regulations are not effective in

preventing crime and providing protection to victims. Therefore this paper aims to explore how Indonesian

regulation provides the regulation to protect cyberbullying victims. Through this article, it is also hoped that

it can be known whether the existing regulations in Indonesia can be applied to the cyberbullying. In

conclusion firstly, Indonesia Law does not define cyberbullying. Secondly, Indonesian regulation does not

specifically regulate cyberbullying victims' rights. The recommendation is the Indonesian government should

regulate juridically the type of cyberbullying crime, including the legal definition of cyberbullying, increase

human resources in the field of cybercrime law enforcement and special attention from the Indonesian

government to victims of cyberbullying.

1 INTRODUCTION

Cybercrime is formulated as an unlawful act that is

carried out by using a computer network as a

means/tool or computer as an object, whether for

profit or not, at the expense of others. In connection

with computers, communication has evolved through

FB, WA, LINE, etc. which makes it easy for users to

communicate with one another. This ease of

communication turns out to be prone to irresponsible

actions carried out by others to gain their own benefits

but to the detriment of others. One of the actions

currently deviating or breaking the law by utilizing

the development of information and communication

technology as a new medium for committing a crime

is cyberbullying.

The need for a policy on regulations governing

cyberspace becomes a necessity considering the

threats and dangers of cybercrime not only coming

from within the country but also potentially becoming

targets or objects of cybercrime committed outside

Indonesian territory and consequently occurring in

jurisdiction Indonesia. Therefore, transnational or

cross border characteristics of cybercrime enable

Indonesian citizens, institutions or countries or any

country to be targeted or victims of cybercrime.

The importance of expressly regulating

criminalization that regulates cybercriminal action is

expressly stated in one of the Regional Conventions,

the Council of Europe Convention on Cybercrime

2001, which in its opening stated that “convinced of

the need to pursue, as a matter of priority, a common

criminal policy aimed at the protection of society

against cybercrime, inter alia, by adopting

appropriate international legislation and fostering

cooperation.

The new trends in cyberbullying in Indonesia are

increasing. In 2017, Indonesian Police received 1,763

cybercrime cases (Putranegara, 2017). A large

number of cybercrime victims shows that there is still

a need for serious handling in cybercrime.

Cybercrime as a new form of crime in the era of

technological progress, based on cybercrime targets

consists of cybercrime against persons, cybercrime

against property and cybercrime against the

government.

Cahyani, P. and Astutik, .

The Perspective of Victimology on Cyberbullying in Social Media.

DOI: 10.5220/0010049302910295

In Proceedings of the International Law Conference (iN-LAC 2018) - Law, Technology and the Imperative of Change in the 21st Century, pages 291-295

ISBN: 978-989-758-482-4

291

In Indonesia there are several existing laws, it can

be used to follow up on the parties doing cybercrime.

There are the Indonesian Criminal Code (KUHP),

Law No. 40 the year 1999 on the Press and the Law

on Electronic Information and Transaction.

However, the regulation does not fully regulate the

protection of victims. The regulation is more focused

on the perpetrators of the crime. However, these

regulations are not effective in preventing crime and

providing protection to victims.

The aim of this paper is two-fold: First, the

existing regulations in Indonesia can be applied to the

cyberbullying. Secondly, this paper discusses

Indonesian regulations providing the regulation to

protect cyberbullying victims in the victimology

perspective.

2 INDONESIAN

LAWPROTECTION OF

CYBERBULLYING VICTIM IN

SOCIAL MEDIA

The development of cybercrime that occurs today has

received a reaction from countries in the world both

regionally and internationally with various policies

including using criminal law. The state's reaction to

the development of cybercrime is a consequence of a

country's sovereignty.

Criminal behaviour can take place in an electronic

environment. Investigation of cyber crimes, that is,

any crime committed in an electronic network,

requires particular expertise, investigation procedures

(Sigid Suseno, 2016). The characteristics of cross

border cybercrime related to criminal jurisdiction in

force of national criminal law. In cybercrime all acts

can be done in one country or some parts are carried

out in one country and some parts are carried out in

other countries or the acts are carried out in one

country and consequently spread in several regions of

the country. The extent and spread of cybercrime

locus delicti will lead to the potential for multiple

jurisdiction or jurisdiction conflicts in the eradication

of cybercrime.

In Indonesia there are regulations that govern

cybercrime issues, but the regulations do not

specifically regulate cyber bullying. Some laws and

regulations governing cybercrime include the

Indonesian Criminal Code (KUHP), the Law No. 40

year 1999 on the Press and the Law on Electronic

Information and Transaction. These regulations are

related to cybercrime. So that in implementation

several of these regulations can be applied

simultaneously.

a) The Indonesian Criminal Code (KUHP)

In the Indonesian criminal code, several articles have

links to cybercrime. These articles includeProverbs

310 paragraph 1 and paragraph 2 regulate that the

person who intentionally harms someone's honour or

reputation by charging him with a certain fact, with

the obvious intent to give publicity thereof, shall,

being guilty of slander, be punished by a maximum

imprisonment of nine months or a maximum fine of

three hundred rupiahs.

Furthermore, in Article 310 Number 2 Indonesia's

Criminal Code regulates that If this takes place by

means of writings or portraits disseminated, openly

demonstrated or put up, the principal shall, being

guilty of libel, be punished with a maximum

imprisonment of one year and four months or a

maximum fine of three hundred rupiahs.

b) The Law No.40 of 1999 on the Press

The freedom of the press is a form of popular

sovereignty and is a very important element in

creating a democratic society, nation, and state life so

that freedom of thought and opinion is issued. In the

life of a democratic society, nation and state, freedom

of expression of thoughts and opinions in accordance

with conscience and the right to obtain information,

constitutes a very basic human right, which is needed

to uphold justice and truth, promote public welfare,

and educate the life of the nation. The national press

as a vehicle for mass communication, information

disseminators, and opinion formers must be able to

carry out the principles, functions, rights, obligations,

and roles properly based on professional press

freedom so that they must be guaranteed and

protected by law, and free from interference and

coercion from anywhere. Unlimited press freedom

has a very bad impact on the survival of the nation.

Therefore it is only natural that the press is regulated

in statutory regulations.

Law No. 40 the year 1999 on Press did not

specifically regulate cyberbullying. But some

regulations have links with cyber harassment and

cyberbullying. The provisions of the article include

article 5 (1) and Article 6. Article 5 (1) regulates that

national press has the obligation to report events and

opinions with respect towards religious norms and

moral norms possessed by the public, completed with

the presumed innocent principle.

Next Article 6 states that national press must play

its roles in the following matters: fulfil the public’s

right to know, enforce democratic basic principles,

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promote the embodiment of supremacy of law and

human rights, while at the same time respect the

diversity, develop public opinion based upon factual,

accurate and valid information, conduct control,

provide criticism, correction, and suggestion towards

any public concern, fight for justice and truth.

Based on article 6 it can be seen the obligations

that must be carried out by the national press. One of

them is the obligation to uphold democratic values

and respect diversity, human rights. The national

press is also obliged to fight for justice. Therefore,

press activities are prohibited to contain negative

news, for example, news with content in the context

of bullying.

Furthermore, Article 18 paragraph 2 expressly

regulates criminal sanctions and fines for those who

violate the provisions of Article 5. However, these

articles are more focused on the actions of the

perpetrators of crimes.

c) The Law concerning on Electronic Information

and Transaction Law

In order to provide protection and recognition of the

rights and freedom of communication, the Law on

Information and Communication was enacted,

namely the Law on Electronic Information and

Transactions. Furthermore, in the regulation on

information and communication, several provisions

in the Law No. 11 of 2008, so enacted Law No. 19 of

2016 concerning Amendment to Law No. 11 of 2008

concerning Information and Electronic Transactions.

The regulations regarding information and

communication are not regulated in writing about

cyberbullying. However, in both laws, there are

articles directed at regulating people without the right

to access other people's personal data through

electronic media. The arrangement is also intended

for the security of personal data of media users and

electronic systems.

As stipulated in the law that the use of any

information through electronic media that involves a

person's personal data must be done with the consent

of that person. Therefore those who have been

violated their rights can file a claim for the harm

caused. This is regulated in the provisions of article

26 paragraph 1 and paragraph 2.

Tapping on electronic information and or

electronic documents in a particular computer or

electronic system belonging to another person is also

threatened with criminal sanctions in the form of

prisons and fines, as stipulated in article 47 of the Law

on Information and Communication. However, it is

excluded if the act was carried out with the aim of law

enforcement at the request of the Police, prosecutors

or other authorized parties.

The juridical element that must be fulfilled to be

subject to threats as regulated in the law is the

existence of intentional acts committed by every

person whether individual Indonesian citizen, a

foreign citizen or a legal entity. The next element is

the act of assessing one's personal data through an

electronic information system without permission

from the data owner.

Article 27 and Article 28 of that regulation

regulates some of the prohibited action. Based on that

article we know that some action is prohibited to do

which these contain violate decency, gambling

content, defamation and extortion or threat. Thus, the

perpetrators were threatened with sanctions both

criminal and fine. Therefore Article 28 paragraph (1)

regulates that everyone intentionally and without the

right to spread false and misleading news that results

in consumer losses in Electronic Transactions. The

criminal threat is a maximum imprisonment of 6

years and / or a maximum fine of 1 billion. Based on

this article, everyone who spread false and misleading

news through electronic systems can be punished by

that Law. Article 28 (2) contains the prohibited action

which includes an action spread information contain

hatred or hostility of certain individuals and/or groups

of people based on ethnicity, religion, race, and

intergroup (SARA).

Article 29 shows the law prohibits anyone who

intentionally or without the right to send electronic

information that contains threats of violence or

intimidation that is intended personally. Furthermore,

the perpetrators are threatened with criminal

sanctions in the form of prisons and fines. This is

regulated in Article 45 paragraph 3.

3 PROTECTION OF VICTIM

A victim is a person who suffers physical, mental

and/or economic loss caused by a criminal offense. In

a crime, often the victim has a role in the crime. The

party that suffers a loss in not being a criminal is the

victim. The suffering of a victim can be physical,

psychological or material. Their victims of crime

should have the right to get protection. But in

practice, victims are often denied their rights. One of

them in the Indonesian criminal justice system, in the

case of litigation victims, is taken over by the state

represented by the prosecutor. The state as the

representative of the victim sometimes minimizes the

potential for personal (emotional) retribution and for

punishments that are right based on rational

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considerations (rationalization) for victims and

society as a whole.

Seeing the consequences of criminal acts for

victims of cyberbullying is only natural if the victim

is considered in restoring his rights and given

appropriate protection. Crime victims have rights.

The right of the victim who needs serious attention is

the right to report her fate and possibly be free to be

pressured or afraid to report. This prevents double

victims. To realize this, there is a need for rules

regarding reporting mechanisms and follow-up

decision making systems. Therefore it is necessary to

support the existence of law enforcement officers

who have adequate capabilities. Protection of victims

should be done from the time the victim reports,

during the judicial process to the verdict.

Protection is all efforts to fulfil rights and provide

assistance to provide security to the victims. The

protection of victims has a very important role in

exposing a crime. Because the victim's testimony is

one of the evidence in the trial. With legal protection,

it is expected that victims can provide information

freely without fear and threats. The right to obtain

protection has been regulated in the provisions of the

1945 Indonesian Constitution especially Article 28G,

Article 28I and Article 28 J. Article 28 G is stipulated

about the right of every Indonesian citizen to get

protection from various threats that threaten his life,

family, honour, dignity, and property. In addition,

protection must also be given to protect the right not

to be tortured, the right to life and discriminatory

treatment before the law. Article 28J regulates that

everyone has an obligation to respect the rights of

others as stipulated in the law. The article 28I

regulates protection and enforcement of human rights

is the responsibility of the state, especially the

government.

In Indonesia there is a regulation that specifically

regulates the legal protection of victims, namely Law

No. 31 of 2014 concerning Amendments to Law No.

13 of 2006 concerning Witness and Victim

Protection, hereinafter referred to as the Witness and

Victim Protection Act. This law is motivated by the

importance of the role of the victim as one of the

parties who has a role in uncovering the occurrence

of a crime. The unfolding of a crime due to lack of

sufficient evidence could occur, one of which was

caused by a victim-witness who felt intimidated by

threats from certain parties. Therefore, this Law was

formed with the intention to provide protection for

one of them to the victim and to foster community

participation in disclosing criminal acts. These efforts

are carried out by creating a conducive climate

through the provision of legal protection and security

to victims who can help uncover a crime that has

occurred and report it to law enforcement.

In the provisions of the Act, it is regulated that

protection is given to one of them is a criminal

offense whose life is threatened. This is regulated in

the explanation in Article 2 paragraph 2 of the law.

As stipulated in the provisions of the Witness and

Victim Protection Act, protection is provided at all

stages of the criminal justice process within the

judicial environment. This is regulated in Article 2.

Protection, as regulated in Article 8, is given from the

investigation stage begins and ends in accordance

with statutory provisions. The purpose of

implementing such protection is to provide a sense of

security to the victim in providing information in

every criminal justice process.

The form of protection for victims regulate in the

Article 5 and Article 7 paragraph 2 of the Law on the

Protection of Witnesses and Victims.

In the process of giving testimony before the trial,

victims who feel their lives are very threatened have

the right to provide information without being present

at the location of the case. This provisions are

regulated in Article 9 of the Law on the Protection of

Witnesses and Victims.

Regarding the information given by the victim,

she cannot be prosecuted for reports, testimonies that

will, are or have been given. This is stipulated in

Article 10 paragraph 1 of the Law concerning the

Protection of Witnesses and Victims. The testimony

of the victim who is also a criminal offense does not

make the victim acquitted of lawsuits if his actions

are legally proven. But his testimony can be taken

into consideration by the judge to lighten his

demands. This is regulated in the provisions of

Article 10 paragraph 2 and paragraph 3.

What needs to be regretted is that the protection to

victims secured by the Act is still in the form of basic

legal protection. So that without being specifically

regulated in the Law relating to the mentioned rights,

it has also been regulated in other Acts, for example

in the Criminal Procedure Code (KUHAP).

Likewise, the prosecution to get restitution in the

form of payment of compensation from the

perpetrators of criminal acts has also been regulated

in the formal criminal law, namely the Criminal

Procedure Code

. So there is no novelty regulated in

the Law on the Protection of Witnesses and Victims.

As regulated in the Witness and Victim Protection

Act, in Indonesia the protection of victims is provided

through the Witness and Victim Protection Agency,

hereinafter referred to as LPSK. This institution was

formed based on the Law on Witness Protection and

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Victims. LPSK is an independent institution and is

responsible to the President.

Protection of victims as provided for in Article 28

of the Law on the Protection of Victims' Witnesses is

provided with the following conditions: the

importance of witness and/or victim statements, the

level of threat that endangers witnesses and/or

victims, results of analysis of medical teams or

psychologists for witnesses and/or victims, track

record of crimes committed by witnesses and/or

victims.

The parties who prevent the giving of protection

to victims can be threatened with sanctions including

imprisonment or fines, which are regulated in Article

37, Article 38, Article 40 of the Law on Witness and

Victim Protection. These article also shows the efforts

made by the state, in this case, the government to

provide protection to victims. Proven for those who

make victims suffer losses from information given

correctly will be threatened with sanctions.

4 CONCLUSION

As stated earlier, this article focussed on the

cyberbullying by social media. Based on data the

trend of cyberbullying victim is increase. That raises

victims who need attention and protection. In

Indonesia there are several existing laws, it can be

used to follow up on the parties doing cybercrime.

There are the Indonesian Criminal Code (KUHP),

Law No. 40 the year 1999 on the Press and the Law

on Electronic Information and Transaction.

However, these regulations are not effective in

preventing crime and providing protection to victims.

In Indonesia the right of victim has been set in the

Law No. 31 of 2014 concerning Amendment to Law

No. 13 of 2006 concerning Protection of Witnesses

and Victims but there is not define juridically the legal

definition of cyberbullying. Consequently, there is

still difficulties in determining crime through an

electronic system that is categorized as

cyberbullying. In these Laws also do not regulate

specifically of cyberbullying victims' rights.

Having stated all the above, the Indonesian

government should regulate juridically the type of

cyberbullying crime, including the legal definition of

cyberbullying. The government also should increase

human resources in the field of cybercrime law

enforcement. That aims to increase law enforcement

in the field of cybercrime. Then, legal protection for

victims of cyberbullying should be getting special

attention from the Indonesian government

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Kejahatan dalam Sistem Peradilan Pidana’Mimbar

Hukum, Available at: http://doi.org/10.22146/

jmh.15858 (Assessed: 21 Oktober 2018)

Putranegara Batubara, (2017), ‘Polisi Tangani 1.763Kasus

Kejahatan Siber’, 21 Desember 2017 [Online],

Available at: https://nasional.okezone.com/read/2017/

12/21/337/1833784/tahun-2017-polisi-tangani-1-763-

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