Abstract
Online Child Sexual Exploitation (OCSE) is a form of crime against children that can be reviewed from various perspectives such as criminal law, criminology and culture. This offence is governed in several international legal instruments because perpetrators and victims are often located in different territories or have different nationalities. The Optional Protocol on Sale of Children, Child Prostitution and Child Pornography (OPSC) is one that provides a reference in combating this crime, but this instrument has the disadvantage of not providing specific guidance in overcoming sexual crimes of children who are in the online sphere. OPSC focuses more on child pornography, whereas OCSE has evolved rapidly enough to give birth to new forms of crime that are not just child pornography. Another weakness can be found in national laws, due to the lack, or limited, response to address the issue. Therefore, a cultural approach is important to prevent and tackle this problem. This paper is aimed to weight the needs to use a Preventive Cultural approach and a Crime-Based Enforcement in addressing Online Sexual Abuse in Indonesia. It is a normative legal research that reads various primary and secondary legal materials. The study recommends that there is a need to use appropriate legal terminology and provide a clear interpretation of the terminology in national law so that these crimes can be quickly addressed. In addition, it also argued that cultural approaches may be used to prevent the occurrence of OSCE by means of involving the community and religious leaders, educating family, as well as raising the awareness of children.
Highlights
Online Child Sexual Exploitation (OCSE) is a form of crime against children that can be reviewed from various perspectives such as criminal law, criminology and culture
The Optional Protocol on Sale of Children, Child Prostitution and Child Pornography (OPSC) is one that provides a reference in combating this crime, but this instrument has the disadvantage of not providing specific guidance in overcoming sexual crimes of children who are in the online sphere
There are a number of facts that children in Indonesia have subjected to pornography both by unorganized criminals and by organized criminals to be commercialized
Summary
There are a number of facts that children in Indonesia have subjected to pornography both by unorganized criminals and by organized criminals to be commercialized. One of the most shocking facts is the case that was revealed in May 2017, in which a father, lives in Kutai Kartanegara regency, East Kalimantan, had a regular sexual scene with his daughter that is connected with Skype to be broadcast live and witnessed by paedophiles around the world.[2]. In January 2018, Indonesian Ministry for Communication and Information received some 8.166 complains regarding the pornography contents.[3] After 2017, the ministry blocked almost 800,000 sites, in which more than 90 per cent of these sites were pornographic.[4]
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