JURIDICAL ANALYSIS OF CYBER BULLYING CRIMINAL REGULATIONS (COMPARATIVE STUDY OF INDONESIA AND SOUTH KOREA)

Abstract

The development of the current era of digital technology has triggered the impact of communication and lifestyle of people who sometimes do not realize and act outside the norms. By utilizing digital technology and social media, it is easy for people to send statements and upload pictures/videos that undermine the credibility of other people's self-esteem. With the passage of time, various kinds of social media have sprung up and have spread almost all over the world so that people can use them to interact with each other such as Facebook, Instagram and Twitter, TikTok which is an application that is currently being used by the public. In Indonesia itself still does not have clear arrangements for cyberbullying crimes, so it can see from the criminal law arrangements that already have clearer policies, namely South Korea. The crime of cyberbullying cannot be underestimated because it can destroy the victim's mental psychology. The purpose of the research is to find out the advantages and disadvantages of related legal rules so as to obtain legal materials with the intention of renewing criminal law arrangements related to criminal acts of bullying or bullying through the internet and social media (cyberbullying). The research method used is normative research method using secondary data. The problem approach used in this research is the statutory approach and comparative approach as well as the deductive paragraph method. There are 8 indicators of cyberbullying, namely (Flaming, Harassment, Denigration, Outing, Impersonation, Cyberstalking, Trickery, and Exclusion). The regulation in Indonesia has covered 5 indicators while in South Korea it has covered 7 indicators. The regulation of cyberbullying criminal law in South Korea can be used as one of the foundation factors in the reform of criminal law in Indonesia so that the evidence and countermeasures of criminal acts are more ordely and clear so that the handling of cyberbullying is more optimal.