TINDAK PIDANA CYBERBULLYING BERDASARKAN UNDANG -UNDANG NOMOR 11 TAHUN 2008 DIKAITKAN DENGAN PUTUSAN NOMOR 68/PID.PRAP/2015/PN.JKT.SEL

Abstract

Cyber ​​bullying is one form of intimidation by someone, and discrediting others through the cyber world bullying. The consequence of the cyber bullying is not arbitrary. Sometimes, death becomes the end of cyber bullying. The characteristics of activities in the cyber world that are cross-border and no longer obey the boundaries of traditional law require responsive law. This is because certain articles in the criminal code are considered inadequate to answer legal issues that arise due to activities in the cyber world. Article of the criminal code that is relevant to cyber bullying is article 310 and article 311 of the criminal code. The research method used in this study is a normative juridical approach with data collection techniques in the study of literature both primary legal materials, secondary legal materials, and tertiary legal materials. The purpose of this study is to find out the provisions of criminal acts against cyber bullying regulated in article 310 of the criminal code, and how criminal sanctions against cyber bullying in decision Number 68/Pid.Prap/2015/PN.Jkr.Sel. In this study, it could be concluded that the provisions of criminal acts in the world of cyber bullying are hostile acts carried out consciously and intentionally that aim to hurt, such as frightening through the threat of aggression and causing terror. It includes planned or spontaneous actions that are real or invisible, in front of someone or behind someone, easy to be identified or hidden behind friendship, carried out by a child or a group of children. Because the perpetrators of cyber bullying are also anonymous accounts whose truth of identity is difficult to find, even though the victim has reported the perpetrator's account for his actions, but the process of finding the identity of the perpetrator is quite time consuming.