Criminal Policy in Preventing Cyberbullying as a Negative Impact of

Technology

Wenggedes Frensh

Mahmud Mulyadi

Muldri Pudamo James Pasaribu

Student of Doctoral Program in Law, University of Sumatra Utara, Jl. Abdul Hakim No. 4, Medan, Indonesia

Lecturer of Doctoral Program in Law, University of Sumatra Utara, Jl. Abdul Hakim No. 4, Medan, Indonesia

Lecturer in Law Faculty at Simalungun University, Jl. Sisingamangaraja Barat, Pematangsiantar, Indonesia

Keywords: Criminal Policy, Cyberbullying, Preventing, Technology

Abstract: Information and communication technology is developing rapidly nowadays. The advance of technology

causes cybercrime. Cybercrime is a term that refers to criminal activities using computer and its network. One

of the developing cybercrimes today is cyberbullying. The National Conference of State Legislatures

describes this crime as an act of harassing and threatening others intentionally and repeatedly. 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. This study used the

theory of criminal policy and theory of criminal law reform. The result of the research showed that in terms

of a penal policy, Indonesia applies the Electronic Information and Transactions Law No.19 of 2016 in dealing

with cyberbullying with cyberharassment type in article 27 paragraph 3 and cyberstalking in article 27

paragraph 4 after comparing with Louisiana 2011 LA Rev Stat § 14:40.7. In terms of a non-penal policy,

ethics education approach, technological approach, technological education approach, government roles and

media control roles are used.

1 INTRODUCTION

As a developing country, Indonesia needs to absorb

science and high technology from developed

countries. These steps will open a vast new horizon

for the life of the nation, because the progress of a

nation is also marked by the level of development of

science and technology (Hamza, 1990).

Globalization creates relationships between

countries around the world getting closer. The linkage

of all countries in the world will lead to the

development of information and communication

technology. We have entered the Fourth Industrial

Revolution. The fourth industrial revolution is

building on the third and is characterized by a fusion

of technologies that is blurring the lines between the

physical, digital, and biological sphere (Hoek, 2014).

The development of technology will create a bad

impact with the emergence of cybercrime.

Cybercrime is a crime where a computer or a

computer network is a necessary tool to complete the

crime or is the target of the crime (Roddel, 2011).

The types of a cybercrime include cyber attacks

such as hacking and computer viruses, cyber theft

such as identify theft, fraud, online sexual predator,

prostitution, sextortion, and child pornography

(Flowers, 2013).

One of the developing cybercrimes is

cyberbullying.

Cyberbullying as willful and repeated harm inflicted

through the use of computers, cell phones, and other

electronic devices (Hinduja & Patchin, 2009).

The number of internet users in 2017 has reached

143.26 million people, equivalent to 54.68 percent of

the total population of Indonesia. The number shows

an increase of 10.56 million people from the results

of the survey in 2016. It was announced by the

Association of Internet Service Providers Indonesia

(APJII) after a survey of Internet user’s penetration

and behavior in Indonesia

(en.industry.co.id/read/3943/internet-users-in-

indonesia-reach-143-million-people-in-2017).

The internet users in Indonesia will increase

through a demographic bonus. Indonesia will receive

a demographic bonus 2020-2030 with many

productive young people alive (Wiseno , 2017).

Based on the data obtained by UNICEF in 2016,

it is shown that 41 to 50 percent of teenagers in

1688

Frensh, W., Mulyadi, M. and Pasaribu, M.

Criminal Policy in Preventing Cyberbullying as a Negative Impact of Technology.

DOI: 10.5220/0010095216881692

In Proceedings of the International Conference of Science, Technology, Engineering, Environmental and Ramiﬁcation Researches (ICOSTEERR 2018) - Research in Industry 4.0, pages

1688-1692

ISBN: 978-989-758-449-7

Indonesia, in the age range 13 to 15 years, have

experienced cyberbullying measures. And, the most

used social media sites by cyberbullying perpetrators

were Facebook, Instagram, Snapchat, and Twitter

(http://kumparan.com/41-persen-remaja-indonesia-

pernah-alami-cyberbullying).

Cyberbullying has a harmful effect on its victims

such as a psychological harm, low self-esteem,

depression, anger, school failure, and school

avoidance. In more drastic case, the victim can even

contemplate suicide (Rosen , 2007).

Therefore, a comparison is done with one of the

countries that has complete rules and definition of

cyberbullying action. Louisiana which is one of the

states in America has a cyberbullying rule in

Louisiana 2011 LA Rev Stat § 14:40.7. In addition,

technological and communication developments exist

in America, so of course America has a policy and

cyberbullying crime that uses technology as a means

of crime.

In relation to legislation, Indonesia still has no

specific rules on cyberbullying. The rules on this

matter are still generally accommodated in Law No.

19 of 2016 on Electronic Information and

Transactions.

There is a need to compare how other countries

apply such legislation to be a reference. Indonesia

needs to learn the best practice of other countries in

coping with cyberbullying and criminal policies to

protect the children.

2 FORMULATION OF PROBLEM

The problem of this research was: how should

Indonesia adopt Criminal policy in preventing

cyberbullying as a negative impact of technology?

3 RESEARCH METHODS

This research was a normative legal research.

Normative legal research is the study of positive legal

norms, principles, principles and legal doctrines. In

addition, it also used a comparative juridical study by

conducting comparative studies of criminal law

regulations in other countries in governing

cyberbullying. The data of this study was the

secondary data consisting of (a) main legal materials

in the form of a legislation, and (b) secondary legal

materials including books and journals. The data were

collected using literature reviews and document

analysis relating to penal and non-penal policies. A

criminal policy theory was applied in considering that

the prevention of cyberbullying uses both penal and

non-penal efforts.

4 RESULT AND DISCUSSION

4.1 Penal Policy on Cyberbullying

The term cyberspace was coined by Canadian science

fiction writer William Gibson in his 1982 short story

Burning Chrome and later popularized in his debut

novel, Neuromancer, published in 1984. John Barlow

the person who first used the word cyberspace when

we connect to the internet (Thomas , 2013).

Bullying is the use of force, threat, or coercion to

abuse, intimidate or agrressively dominate others.

The behavior is often repeated and habitual (Juvonen

& Graham , 2014).

Bullying is defined as intentionally aggressive

behavior that can take many forms (verbal, physical,

social/relational/emotional, or cyberbullying or any

combination of these) (Carpenter & Ferguson, 2009).

Cyberbullying is any behavior performed through

electronic or digital media by individuals or group

that repeatedly communicates hostile or aggressive

messages intended to inflict harm or discomfort on

others (Tokunaga, 2010). Williard (2006) describes

the following types of cyberbullying:

(Williams,

2010).

 Flaming : Online fights using angry, vulgar

electronic messages.

 Harassment : Repeatedly sending offensive, rude,

and insulting messages.

 Denigration : Dissing someone online with

insulting, denigrating gossip or rumors.

 Impersonation : Getting a person's password and

posing as him or her online.

 Outing and trickery: Sharing someone's secrets or

embarrassing information online.

 Exclusion : Intentionally keeping someone out of

an online group.

 Cyberstalking : Repeatedly sending unwanted

messages that way include threats.

4.1.1 Law No. 19 of 2016 on Electronic

Information and Transaction

Based on the provisions of the articles of Chapter XI

concerning the criminal provisions of the EIT Law,

some prohibited acts (elements of criminal offense)

that are closely related to cyberbullying in each article

can be identified as follows:

Criminal Policy in Preventing Cyberbullying as a Negative Impact of Technology

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Article 27 Paragraph 3 stipulates the prohibition

to distribute, transmit and make accessible any form

of Electronic Information or Electronic Document

which has contents of an insult or defamation. The

word insult or defamation categorized in cyberspace

comes under the type of harassment and denigration

cyberbullying.

The elements of crime contained in the Law are

as follows:

 Deliberately. Deliberately means doing an

action with consciousness and knowing the

action consequences. In harassment and

denigration cyberbullying, action is done by

sending insulting messages to attack ones honor.

Action is done continuously. The action explain

that the perperator performed his actions

deliberately and knew the consequences of his

action. In this case, the element is intentionally

fulfilled.

 Rightless is an unlawful act that violates the

provisions of the law. In cyberharassment,

rightless means offenders do not have the legal

permission to do so.

 Distribute and/or transmit and/or make

accessible any form of Electronic Information

and/or Electronic Documents. Distributing

means sharing or submitting something.

Distributing here means sending electronic

information or electronic documents, either to

someone or some party by utilizing information

and communication technology. Other

elements, transmitting, including sending or

forwarding electronic information or electronic

documents to a person. Distributing shared

things to many people, while transmitting to

only one person.

 Having contents of an insult and defamation in

the EIT Law refers to the provisions of an insult

or defamation set forth in the Criminal Code

(Penal Code). The essence of an insult or

defamation in the EIT and the Penal Code is an

act of attacking the honor or reputation of others

in order to be known by the public.

Article 27 Paragraph 4 stipulates the prohibition to

distribute, transmit and make accessible any form of

Electronic Information or Electronic Document that

has blackmailing or threating contents. The word

blackmail or threat used in the cyberspace is

categorized into cyberstalking.

The elements of a crime contained in the Law are as

follows:

Article 27 Paragraph 4 of the Law on EIT refers

to the blackmailing and threating acts regulated in

Chapter XXIII Book II of the Penal Code.

Blackmailing and threating in cyberspace are not

done physically but by giving a forceful threat to

somebody to defame or discole his secret by utilizing

information technology as an implement. This type of

cyberbullying is referred to as cyberstalking.

4.1.2 Louisiana 2011 LA Rev Stat § 14:40.7

Comparative law the comparatist consciously tries to

find another system to which their own legal system

could be compared and it would be possible to look

for certain commonalities or differences (Husa ,

2014). Comparative law provides an understanding of

the nature of a law and its development (Mccaffrey ,

2006). Cyberbullying legislation is regulated in one

of the American States called Louisiana. The

definition of cyberbullying and what kind of actions

categorized into cyberbullying can be found in

Louisiana 2011 LA Rev Stat § 14:40.7. So, it is

necessary to know the rules of cyberbullying in

Louisiana as part of a comparative law study, given

that the information and knowledge have connected

people around the world (Husa , 2015).

Louisiana 2011 LA Rev Stat § 14:40.7 describes

that the cyberbullying is the transmission of any

electronic textual, visual written, or oral

communication with the malicious and willful intent

to coerce, abuse, torment, or intimidate a person

under the age of eighteen. Transmitting here means

continuing to engage in severe, repetitive or hostile

behavior toward others.

Posting communication means the

communication of a person's information without any

change in the form or content of the information sent

and received. Whereas electronic means refers to

textual, visual, written, or oral communication

through the use of online computer services, internet

services, telephone, or other means of

communication, which also covers bulletin board

services, internet chat rooms, electronic mails, social

networking sites and online messaging services.

Transmitting, sending or posting communication

by electronic means has been regulated in each

criminal provision of the EIT Law. If the act is

intended to frighten, force, intimidate and threaten,

then the act comes under Article 27 Paragraph 4 on

blackmailing and threating. As to insulting act, it has

been regulated in Article 27 Paragraph 3 on insult and

defamation.

Performing cyberbullying repeatedly is

categorized into the element of deliberately. A

deliberate act means doing something well or

repeatedly and knowing the consequences arising

from the act. The use of electronic means by making

textual, visual, written or oral communications in the

EIT Law comes under the electronic information.

When electronic information enters the virtual world

ICOSTEERR 2018 - International Conference of Science, Technology, Engineering, Environmental and Ramiﬁcation Researches

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by using online computer services, internet services,

telephones and other means of communication, it

becomes an electronic document.

4.2 Non Penal Policy on Cyberbullying

4.2.1 Ethics Educational Approach

Emphasize the importance of communicating in a

polite, respectful manner. Ethical education for

children is an important thing that must be given by

parents (Shore , 2006).

Ethics starts from respecting others and behaving

according to moral values. Not only parents, moral

education must also involve many parties, such as

teachers, schools, government and developing

childrens environment. If the child does not get a

good ethics education and often mimics negative

behaviors such as hating, insulting, and saying harsh

words, then this can cause cyberbullying to happen.

4.2.2 Technological Approach

Parental control applications and filters are used to

protect children's security on the internet (Hassan ,

2017). Parental control applications can be installed

such as SafetyWeb, Trend Micros Online Guardian

for Families, Net Nanny, My Mobile Watchdog and

Cybersynchs Parental Mode. To Protect growing

child, mobile apps, social monitoring software,

internet browsers, and other web-based products to

prevent cyberbullying on computer and cell phones.

Parent whoe witnessed kids being cyberbullying

started which containts extensive controls (on an easy

centralized dashboard) for tracking social networking

sites (Twitter, Facebook, Flickr, YouTube, and

Myspace), instant messaging management, and

malware protection (Sax , 2017). The above software

is used to know the activities of the children in a

cyberspace when connected to the internet such as

what sites they often log in. This software gives a

warning if the sites visited have a malicious content.

Technological approach is very important to prevent

cyberbullying to happen. Some examples of

technological approach solutions are email service

providers, instant-messaging apps, apps for

cyberbullying, and other technological solutions.

Parental control and filtering, blocking and account,

removing the content, reporting, directing to online

resources, and safety centers are the most frequently

used technological solutions to cyberbullying.

4.2.3 Technological Educational Approach

Cassare Beccaria said that the most appropriate

method to prevent crime is to improve the education

system (Tibbetts & Hemmens , 2014).

the technology education approach is an approach

that is needed in overcoming cyberbullying. The

technology education approach is a strategic

approach because it can reduce the potential to do

intimidation in cyberspace as much as possible, and

will be able to grow awareness of each child to use

and utilize technology properly.

4.2.4 Government Roles

Work with government and other partners on

managing cyberbullying is important part (Nathan ,

2006). There should be an institution formed by the

government or outside the government that works

with the police to receive complaints about

cyberbullying. This is because not all acts of

cyberbullying classified into a dangerous category.

Some acts of cyberbullying can be dangerous because

the perpetrator is not aware of his action. Some cases

of cyberbullying can still be confronted or solved

peacefully.

The government must also create websites that

discuss efforts to overcome cyberbullying and teach

internet users, who are primarily children, how they

protect themselves from acts of cyberbullying.

4.2.5 Media Control Roles

Television has a large effect on how

children and

adults view

the world around them (Shaw , 2000).

Children tend to imitate the aggressive behavior they

see in the media (Rathus , 2011). If a child imitates

negative things such as abusive, disrespectful, sexual

and other negative things, they will trigger actions

related to cyberbullying. The reason why many

television shows today are less educational.

Television shows are often loaded with a lot of harsh

word contents. Media is not permissible to broadcast

programs that can spread hatred among children.

Broadcasting commissions must be more assertive

especially toward some sensitive topics that can cause

bullying. On internet, social networks must be

controlled as well.

5 CONCLUSION

The findings show that the existing criminal policies

in Indonesia on cyberbullying, both in terms of penal

and non-penal policies, can be used in overcoming

cyberbullying problems. In terms of a penal policy,

Indonesia applies the EIT Law No. 19 of 2016 in

dealing with cyberbullying with cyberharassment

type in article 27 paragraph 3 and cyberstalking in

article 27 paragraph 4 after comparing with Louisiana

2011 LA Rev Stat § 14:40.7. In terms of a non-penal

Criminal Policy in Preventing Cyberbullying as a Negative Impact of Technology

1691

policy, ethics education approach, technological

approach, technological education approach,

government roles and media role are used.

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