Analisis Yuridis Tindak Pidana Perundungan yang Dilakukan Anak Dibawah Umur

Abstract

Bullying committed by minors has become an increasingly prevalent issue with the development of technology and social interactions in school environments. This study aims to conduct a juridical analysis of: 1) the qualification of bullying as a criminal offense under Indonesian criminal law; 2) the criminal liability system for minor perpetrators of bullying; and 3) the effectiveness of diversion and restorative justice in handling such cases.This research employs normative legal research with statutory, conceptual, and case approaches. The findings indicate that Indonesian criminal law does not yet regulate bullying as a specific offense. Bullying acts are qualified through general offenses such as assault, defamation, and threats under the Criminal Code, as well as defamation and threats via electronic media under the Electronic Information and Transactions Law.The juvenile criminal liability system is oriented toward the protection and best interests of the child, as regulated in Law No. 11 of 2012 on the Juvenile Criminal Justice System. The maximum penalty for a child is limited to half of the penalty applicable to adults, and the legal process prioritizes diversion.However, the effectiveness of diversion and restorative justice still faces obstacles, including a shortage of trained mediators and low public understanding. Nevertheless, in cases where restorative approaches are substantively implemented, they have proven effective in restoring relationships between victims and offenders and preventing recidivism.This study recommends the establishment of a specific offense for bullying, strengthening the implementation of diversion, and increasing the active role of society and educational institutions in prevention