THE APPLICATION OF DIVERSION IN CASES INVOLVING CHILD OFFENDERS OF CYBERBULLYING PENERAPAN DIVERSI DALAM PERKARA ANAK PELAKU CYBERBULLYING Section Articles

Abstract

This study examines the application of diversion in the handling of cyberbullying cases in
which the perpetrator is a child. As internet access increases, cyberbullying is becoming a
new challenge for the criminal justice system. This study uses normative legal methods with a
legislative approach (SPPA law and ITE Law), conceptual, and case studies. The results of
the analysis showed that cyberbullying has unique characteristics such as anonymity, rapid
spread, and heavy psychological impact on victims due to permanent digital content. Based
on the SPPA law, the application of diversion for cyberbullying perpetrators is a legal
obligation, because criminal threats in the ITE Law (Article 27 paragraph (3) and Article 28
paragraph (2)) generally qualify for diversion. This approach aligns with the principle of
best interests for the child, given that child abusers are often cognitively immature and
unaware of the legal impact of their actions. However, the implementation of diversions faces
significant obstacles. The main obstacle is the refusal of victims who have experienced severe
psychological trauma due to content that is difficult to remove. Other challenges include the
lack of digital literacy of law enforcement officers regarding digital evidence, community
pressure, and the lack of expert mediators. The failure of diversion, often due to the victim's
refusal, forces the case back to formal justice, which is contrary to the purpose of the SPPA
law.
Key Word : Diversions, Child, Cyberbully