Implementation
of Artificial Intelligence in the Legal Protection of Cyber Bullying Victims on
Social Media According to Law No. 1 of 2023
Cepi
Noval
Faculty of Law, University of Borobudur, Indonesia
Email:
[email protected]
Abstrak
Cyberbullying
on social media is a serious problem that can
negatively impact the mental health and well-being of victims. Lack of
supervision in the family, school, community, and individual environments
causes cyberbullying. Article 433 paragraph (1), and paragraph (2) of Law No. 1
of 2023 concerning the Criminal Code (KUHP) provides a new legal basis
regarding defamation through social media and will be enforced in 2026.
Artificial intelligence (AI) can be an innovative solution in addressing this
problem. The purpose of the study is to analyze the legal protection of victims
of cyber bullying on social media according to Law No. 1 of 2023 and explore
the potential integration of AI in its handling. The research method used is
normative juridical, using a legislative approach and an analytical approach. The
results of the study show that although Law No. 1 of 2023 provides a clear
legal framework, its implementation is still hampered by a lack of resources
and understanding in the community. On the other hand, AI integration has
proven to be effective in detecting and analyzing bullying behavior on social
media, providing support to victims, and speeding up the investigation process
by authorities. This study concludes that legal protection for victims
of cyber bullying can be improved through the integration of artificial
intelligence. Therefore, collaboration between the government, social media
platform providers, and technology experts is needed to create more effective
and responsive solutions to the problem of cyber bullying in society.
Keywords:
Cyberbullying, Legal Protection, Law No. 1 of 2023, Social Media, Artificial
Intelligence.
INTRODUCTION
Cyberbullying is one of the negative impacts
of today's technological advancements, especially social media which has become
the center of information and trends, because many of someone's activities are
shared on the platform. Social media such as Instagram, TikTok, Twitter, and
online games indirectly trigger the emergence of cyberbullying behavior in the
community. Cyberbullying seems to have become commonplace in the use of social
media, even though the impact is huge. This problem knows no age limit, but the
perpetrators and victims of cyberbullying are generally teenagers.
Cyberbullying is considered a form of crime because it involves acts of
violence such as threatening, insulting, harassing, or humiliating others
through social media.
In his research, Riswanto presented
statistical data from the Indonesian Internet Service Providers Association
(APJII) in 2019, which showed that around 171 million people in Indonesia use
the internet, with the majority being in productive age, namely between 15 to
19 years old and 20 to 24 years old. This APJII statistic concludes that
adolescents (productive age) dominate internet use in Indonesia, and most
adolescents use the internet to access social media. Data from the Indonesian
Child Protection Commission (KPAI) for five years, from 2011 to 2016, shows
that there are around 253 cases bullying in Indonesia (Riswanto, 2020). Of
these cases, 122 children became victims and 131 children became perpetrators
bullying. KPAI also noted that from 2011 to 2019, there were around 37,381
reports of violence against children, including 2,473 reports related to
bullying behavior in the educational environment and social media, which
continues to increase. Phenomenon bullying in Indonesia seems to have reached
an alarming level (Komisioner, 2020).
According to a UNICEF survey, U-Report in 2021, of 2,777 adolescents aged 14 to
24 years, as many as 45% have experienced cyberbullying (News, 2021).
Law enforcement against perpetrators and
protection for victims of cyberbullying is regulated in Law Number 11 of 2008
concerning Information and Electronic Transactions (UU ITE), the Criminal Code
(KUHP), and Law Number 1 of 2023 concerning the Criminal Code. However, in
practice, these three regulations have not been effective in ensnaring
cyberbullying perpetrators. Although the Criminal Code contains articles on
bullying, the law is still limited to actions in the real world and does not
fully cover crimes that occur in cyberspace. The resolution of cyberbullying
cases can be done through litigation or non-litigation channels, depending on
the decision of the victim or the victim's guardian. They can choose to settle
the case peacefully or take it to court.
It is common knowledge that information and
technology are two things that greatly facilitate the lives of people around
the world. Coupled with the increasingly evenly distributed internet access,
the use of the internet has now reached various corners of the world. Indonesia
has also experienced developments in the field of information and technology.
Based on a survey by the Indonesian Internet
Service Providers Association (APJII), the number of internet users in
Indonesia reached 215.63 million people in the 2022-2023 period, an increase of
2.67% from the previous period of 210.03 million users. This figure is
equivalent to 78.19% of Indonesia's total population of 275.77 million people,
an increase of 1.17% compared to 77.02% in 2021-2022. In terms of gender,
internet penetration among men reached 79.32%, higher than 77.36% for women. In
urban areas, the internet penetration rate is 77.36%, while in rural areas it
is slightly higher, at 79.79%. This survey was conducted by APJII together with
SRA Consulting on 8,510 respondents throughout Indonesia on January 10-27,
2023, with a multistage random sampling method, an error rate of 1.14%, and a
confidence level of 95%.
UNICEF released data in 2023 showing that
every day 175,000 children become new internet users, or 1 child every second.
In Indonesia, there are around 30 million children who use the internet.
"The high number of children who use the internet today poses great
threats and risks, such as harassment on the internet (cyber harassment),
exposure to negative content, cyberbullying (cyberbullying), child data leaks,
to child sexual abuse material. Therefore, it is hoped that all parties will be
vigilant against potential crimes. The use of artificial intelligence (AI)
technology can also be a solution to automatically filter and moderate negative
content," he said when opening the Artificial Intelligence (AI) Public
Discussion Series with the theme "AI for Child Online Protection" (Agustini, 2023).
With the advancement and development of
information technology today, it is not surprising that teenagers as social
media users tend to spend more time online. Various types of information are
now available on the internet for anyone who wants to access it, be it social
information or other types of information in general. While some information
can have a positive impact, many also have a negative impact and can even
trigger criminal actions such as cyber harassment. According to a report by the
Indonesian Internet Service Providers Association (APJII) in 2021-2022, the age
group of 13-18 years has the highest internet penetration rate in Indonesia,
which is 98.64 percent.
During the communication process, many
international institutions tend to use the term information and communication
technology. This technology has become a dominant and influential force in
modern society, significantly influencing the behavior and interactions of
individuals and groups around the world. Advances in information technology
have created a borderless world that has a significant impact on social change.
This technology, however, is a double-edged sword. On the one hand, it has
driven progress in human society and civilization (Amirulloh, 2017).
However, on the other hand, information technology can also be used for illegal
acts and violations of the law (M. Ramli, 2006).
One of the main risks of using technology
such as the internet and electronic devices is the potential to inflict
emotional harm and pressure on others, such as in the form of online
harassment, stalking, bullying, and bullying. This kind of incident can
negatively impact a person's mental health and even threaten their personal
safety (Jayaputri, 2020).
Cyberbullying on various social media platforms continues to increase
significantly. This condition emphasizes the importance of more specific
general policies as well as effective protective measures to deal with
cyberbullying. In this case, concrete efforts are needed to deal with this
issue comprehensively, including the application of a more adaptive and
responsive legal approach to the ever-changing dynamics in the digital world (Clara, Soponyono, & Astuti, 2016).
The development of information technology
today has a major impact on the lives and behaviors of people around the world.
This technology facilitates interaction and dissemination of information to the
public. However, despite the many benefits, the use of information technology
is often abused by some people for negative purposes, such as posting insulting
words, spreading hate speech, and spreading fake news that can harm others.
Ethical crises in the use of social media often occur in digital communication.
The term cyberbullying is certainly widely known, which refers to bullying that
occurs through digital technology. This bullying can occur on various
platforms, including social media, chat apps, gaming platforms, and through
mobile phones.
According to Think Before Text,
cyberbullying is an aggressive behavior carried out by an individual or group
with a specific purpose, using electronic media, repeatedly over time, against someone
who is considered incapable of resisting the act. Thus, there is an imbalance
of power between the perpetrator and the victim. This imbalance refers to the
perception of physical and mental capacity.
The phenomenon of bullying occurs a lot
around us, including in schools and colleges. According to UNICEF (United
Nations International Children's Emergency Fund), cyberbullying is a repetitive
behavior that aims to scare, anger, or humiliate the target. In Indonesia,
cyberbullying cases are quite high. The results of a study from APJII
(Indonesian Internet Service Providers Association) show that 49 percent of the
5,900 respondents are victims of cyberbullying. This figure is high due to the
increasing use of the internet among children and the lack of parental
supervision. One type of cyberbullying that is common in Indonesia is flaming,
which is the act of sending text messages or comments on social media that
contain abusive words to hurt others.
The impact of cyberbullying is terrible and
brutal, as it can damage the mental and psychological health of victims,
especially children. Cyberbullying is easier to do than conventional violence,
because the perpetrator does not need to meet the target directly. Many people
deliberately bully individuals or children they did not know before, often
provoked by irresponsible parties. Cyberbullying on social media leaves a trail
in the form of immoral writings, photos, or videos. These digital footprints are
hard to erase, and with a wide reach, many people can leave comments. As a
result, the child's physical and mental health can be compromised, with a
higher risk of experiencing stress or depression, even giving rise to suicidal
thoughts due to fear and shame. In addition, victims can be ostracized by their
surroundings and experience unpleasant treatment as a result of bullying posts
and comments that appear on their homepage.
Classification of cyberbullying covering
several categories, including Flaming (message with anger), harassment,
denigration (, impersonation, Outing (dissemination of personal information),
trickery, exclusion, and cyberstalking (stalking in cyberspace). Now (Aurelia Oktavira S., 2023)
cyberbullying is one of the criminal acts that often occur in cyberspace.
Cyberbullying is a form of intimidation or harassment that utilizes information
and communication technology to commit acts of violating boundaries
intentionally and repeatedly, with the aim of harming others through
intimidation, threats, insults, or harassment that can cause hostility, either
by individuals or groups.
According to research conducted by Center
for Digital Society (CfDS) in August 2021, entitled "Teenager-Related
Cyberbullying Case in Indonesia", against 3,077 junior and senior high
school students aged 13-18 years in 34 provinces in Indonesia, the results
showed that 1,895 students (45.35%) admitted to having been victims, while
another 1,182 students (38.41%) were perpetrators. The most frequently used
platform in the case cyberbullying are WhatsApp, Instagram, and Facebook.
Cyberbullying is a term that refers to disruptive social behavior, in which
people are constantly chasing other individuals online with the aim of scaring
or humiliating the victim (Aditya, 2020).
Cyberbullying includes hate speech in
certain posts, personal messages that attack personally, and the dissemination
of posts or social media account profiles in a harassing or threatening way.
Cyberbullying among adolescents is a new form of traditional bullying that has
emerged along with the development of information technology, and has become a
global problem in recent years. This phenomenon occurs because the number of
teenagers using the internet has increased significantly, especially on social networking
sites, chat rooms, instant messaging apps, and online gaming platforms.
Based on data from the Indonesian Internet
Providers Services Association (APJII), it can be concluded that many teenagers
and minors in Indonesia are involved in cyberbullying. This is reinforced by
the statement of the Indonesian Child Protection Commission which states that
bullying on social media, or commonly called cyberbullying, is a serious
problem that needs to be addressed immediately.
According to a report from the Indonesian
Child Protection Commission, the number of cases of violence committed by
children in schools (bullying) in 2021 reached 1,138 cases, with details of 574
cases of physical abuse and 515 cases of psychological violence. This figure
represents a significant jump compared to the 712 cases recorded between 2011
and 2019. As a form of warning, KPAI reminds that students in schools are
vulnerable to becoming victims of cyberbullying on social media.
Given the high risk of children becoming
victims of cyberbullying, research by Anderson et al. suggests that
cyberbullying can have a negative impact on adolescents from various aspects of
mental health, such as depression, social anxiety, suicidal thoughts, low
self-esteem, and behavioral problems that can strain relationships within the
family. In addition, cyberbullying can also reduce the academic achievement of
adolescents. Research by Beran shows that children are vulnerable to being
victims of cybercrime, which can have a serious impact on their emotional and
social well-being. Victims of cyberbullying often have bad experiences that can
result in a loss of confidence and identity. Beran also reported that when
experiencing online bullying, victims often feel depressed, cry, embarrassed,
lose friends at school, experience insomnia, and even express suicidal thoughts
after experiencing the treatment.
Basically, bullying that is carried out
through insults with harsh words, such as swearing, insults, or other
inappropriate remarks, including those carried out through electronic media or
social media, can be subject to sanctions in accordance with the article on the
crime of minor insults. This is explained in an article about criminal threats
for netizens who commit body shaming. The crime of petty insult is regulated in
Article 315 of the old Criminal Code, which is still in force when this article
is published, as well as Article 436 of Law Number 1 of 2023 concerning the new
Criminal Code, which will come into effect three years after its promulgation,
namely in 2026, as follows:
Article 315 of the Criminal Code states that
any insult committed intentionally and does not fall into the category of
defamation, whether orally or in writing, either in public or in the presence
of the insulted person, or through a letter sent to the person, may be subject
to sanctions for minor insults. The threat of punishment given is imprisonment
for a maximum of 4 months and 2 weeks, or a fine of up to IDR 4.5 million.
Article 436 of Law Number 1 of 2023 states
that insults that do not fall into the category of defamation, whether done
orally or in writing in public, as well as in front of the insulted person,
either through words, actions, or writing sent to them may be subject to
sanctions for minor insults. The punishment imposed can be in the form of
imprisonment for a maximum of 6 months or a maximum fine of category II, which
is IDR 10 million (Penulis, 2024).
In the legal rules in Indonesia, every
criminal act, both related to criminal acts and violations, must still be
processed with existing legal rules (Hernanto & Amelia, 2024). The
rapid development of digital technology has changed the way people interact,
especially through social media. Behind the convenience and benefits, social
media also raises various challenges, one of which is cyber bullying.
Cyberbullying, or bullying that occurs in cyberspace, is a serious threat
because of its widespread, anonymous, and profound psychological impact on its
victims. Although the Indonesian government has made efforts to tackle this
cybercrime through various regulations, such as Law No. 1 of 2023 concerning
the Criminal Code, the challenges of law enforcement against cyber bullying
cases on social media still require special attention.
Along with technological developments,
artificial intelligence (AI) is one of the potential innovations to help handle
cyber bullying cases. AI technology can be used to monitor potentially harmful
content, detect cyber bullying activity, and track perpetrators more quickly
and efficiently. The implementation of AI in the legal protection process is
expected to be able to strengthen the supervision and law enforcement system in
the digital space. In addition, AI can also help law enforcement officials to
be more responsive in providing protection to victims, considering that victims
often experience difficulties in identifying and reporting cyber bullying
perpetrators.
However, the implementation of AI in legal
protection cannot be separated from various challenges, both in terms of
technology, regulations, and ethics. Law No. 1 of 2023, as a new legal
foundation in Indonesia, must be able to adapt to the application of this
technology so that the law enforced is in accordance with the principles of
justice and protection for victims. Clear and comprehensive regulations
regarding the role of AI in handling cyber bullying cases need to be
strengthened in the legal framework, so that its implementation runs
effectively and still respects the human rights of every individual involved.
RESEARCH METHOD
This study applies a
normative juridical method by analyzing regulations related to the application
of artificial intelligence in legal protection for cyberbullying victims. The data used is secondary, including
primary legal sources such as Law No. 1 of 2023 concerning the Criminal Code,
as well as secondary legal sources that include literature, scientific
journals, and related articles. Data collection was carried out through
literature studies, using qualitative analysis techniques to evaluate the suitability
of applicable legal norms with the application of AI in legal protection. The
purpose of this study is to analyze the legal protection of cyber bullying victims on social
media according to Law No. 1 of 2023 and find out the potential for AI
integration in handling it.
Legal Protection for Cyberbullying Victims on
Social Media According to Law No. 1 of 2023
This depiction reflects the function of law
based on the concepts of order, justice, certainty, utility, and peace. CST
Kansil Legal Protection is a legal effort that must be carried out by law
enforcement to provide security, both physical and non-physical, from all forms
of threats and disturbances that may come from any party
Preventive legal protection measures aim to
prevent crime by encouraging the government to establish special regulations
related to actions that have the potential to have a negative impact on
society. Meanwhile, repressive measures aim to solve the problems faced by
victims, especially in terms of fulfilling their rights, without sacrificing
the rights of other parties, so as to provide recovery and security for victim
Crimes that arise due to the use of internet
media can be in the form of new crimes, or old crimes that are increasingly
widespread. All criminal acts committed in cyberspace are included in the
category of cybercrime (cyber-crime). One of the main problems that occur in
the digital space today is cyberbullying. According to KBBI, the term
"cyber" is used as a translation of the word (Suseno, 2012) �Cyber," as in the word cybernetics which translates to
"cybernetics." In addition, in the general explanation of Law No. 11
of 2008 concerning Electronic Information and Transactions (UU ITE), the term
"cyber" is used to describe "cyberspace," which is
interpreted as cyberspace (Rastati, 2016).
The harassment or insults that a person
receives through cyberspace can have a huge impact on their psychological
condition. Main differences between cyberbullying and bullying traditionally
lies in the medium used to launch the action (Chris Natalia, 2016).
Cyberbullying (online bullying) is an act of
bullying carried out through digital technology. This action can happen on
social media, applications chatting, gaming platforms, and via mobile phones.
According to Think Before Text, cyberbullying is an aggressive behavior carried
out by an individual or group with a specific purpose, using electronic media,
repeatedly, against someone who is considered incapable of resisting the
action. Thus, there is a power imbalance between the perpetrator and the victim.
This inequality refers to the perception of physical and mental capacity.
Patchin and Hinduja stated that
According to Willard, (Sari & Suryanto, 2016) cyberbullying is a cruel act that is deliberately committed to target
others by sending or disseminating harmful content, which can be seen as a form
of social aggression in the use of the internet or other digital technologies.
Kowalski and colleagues also added that the electronic context in question
includes various platforms such as email, blogs, instant messaging, and text
messages, aimed at individuals who cannot easily defend themselves.
According to Disa, the explanation of
cyberbullying has similarities with the previously mentioned one, which is the
misuse of technology by individuals who provide messages or upload images and
videos with the aim of humiliating, torturing or making fun of, or threatening
others. In addition, Rastati added that the spread of rumors, spying, or
threats through various electronic media is also included in the category of
cyberbullying. Basically, cyberbullying can be considered more painful than
bullying in the real world, because the impact of the act is not only felt in
cyberspace, but can also affect the victim's real life.
Another definition of cyberbullying, according
to Smith, states that this behavior is an aggressive act carried out
deliberately by an individual or group, by utilizing electronic media as a
means, and carried out repeatedly indefinitely against victims who are unable
to defend themselves. Based on the explanations of experts through the theories
that have been described, it can be concluded that cyberbullying behavior is a
form of technology abuse that aims to harm someone with certain intentions on
electronic platforms.
According to Willard's theory, there are seven
forms that can describe (E. Willard, 2007) cyberbullying. Cyberbullying has various forms with the same goal,
which is to harm the victim psychologically and socially. Flaming involves
sending abusive messages full of anger, while harassment includes repeated
interruptions through messages or social media. Denigration or defamation aimed
at damaging the reputation of the victim through gossip or slander, and
impersonation involves disguising to spread negative content as if it came from
the victim. Other forms include outing & trickery, which uses deception to
obtain and disseminate private secrets, and exclusion, where a person is
excluded from an online group. Last cyberstalking is a stalking that is often
accompanied by threats, causing fear and discomfort for the victim.
Patchin and Hinduja explain some related
aspects (Patchin & Hinduja, 2015), bullying in cyberspace has four main elements. Repetition is an
important element, in which negative actions are performed many times, creating
constant distractions for the victim. Intention or intent refers to the
perpetrator's intention to harm the victim, while harm refers to the real
impact that can affect the victim physically, socially, psychologically, or
emotionally. Finally, the power imbalance indicates the dominance of the
perpetrator over the victim, either in terms of physical strength, social
position, or access to technology, which makes it difficult for the victim to
resist.
Some of the factors that cause bullying include
a lack of affection. Individuals who do not get affection from their parents
tend to hurt and bully others, often to attract attention from their parents.
In addition, previous experiences of seeing or experiencing violence are also a
contributing factor to bullying; those who have been hurt or witnessed others
being hurt do not hesitate to do the same.
In general, there are five factors that affect
the occurrence of cyberbullying, Cyberbullying is influenced by several
important factors. Traditional bullying in the real world can encourage the
perpetrator to continue his or her behavior in cyberspace. In addition, the
personality traits of aggressiveness, lack of empathy, and irritability play a
role in making a person more likely to become a bully. The perception of the
victim also influences, where the perpetrator often assesses the
characteristics of the victim as a reason to bully. Strain factors, namely
psychological tension due to negative relationships, can trigger aggressive
behavior, such as cyberbullying. Finally, the role of parental interaction is
crucial; Children who are less supervised in cyberspace are more vulnerable to
being involved in this act, both as perpetrators and victims.
Cyberbullying is a form of bullying carried out
online, where individuals or groups target others through digital platforms.
These actions are often carried out in painful ways, such as insults,
harassment, or the spread of false information, which can result in emotional
and psychological damage to the victim. With the increasing use of social media
among teenagers and children, this issue is increasingly becoming a concern
around the world. In Indonesia, Law No. 1 of 2023 concerning the Criminal Code (KUHP)
has been implemented to provide legal protection for victims of cyberbullying,
but challenges in law enforcement remain.
Action cyberbullying in relation to the laws
and regulations in Indonesia, especially the Criminal Code, can be seen through
several articles relevant to the types of cyberbullying. One of them is Article
310 paragraph (1) of the Criminal Code which states: "Whoever deliberately
attacks the honor or good name of a person by accusing something, with the aim
of making it known to the public, is threatened with imprisonment for a maximum
of nine months for defamation." This article deals with the form of cyberbullying
in the form of harassment (harassment) (KUHP Buku Kesatu, 2021).
Article 310 paragraph (2) of the Criminal Code
states: "If pollution is committed through written or images that are
disseminated, shown, or pasted in public, the perpetrator is threatened with
imprisonment for a maximum of one year and four months for written
defamation." This article relates to the act of cyberbullying in the form
of harassment that is carried out in writing or visually in the public media (KUHP Buku Kesatu, 2021).
Article 311 paragraph (1) of the Criminal Code
states: "If the perpetrator of defamation or written defamation is given
the opportunity to prove his allegations but fails, and the accusation is
contrary to what he knows, then he is threatened with imprisonment for a
maximum of four years for the crime of defamation." This article relates
to the act of cyberbullying in the form of denigration, where the perpetrator
defames or discredits someone's reputation unrighteously (KUHP Buku Kesatu, 2021).
Article 315 of the Criminal Code states:
"Any insult committed intentionally, whether orally, in writing, or in
deeds, which does not fall into the category of pollution or written
defamation, and is committed in public or directly to the person concerned, is
threatened with a misdemeanor in the form of imprisonment for a maximum of four
months and two weeks." This article is related to the cyberbullying in the
form of harassment, namely insults or harassment that is carried out verbally
or in writing through electronic media (KUHP Buku Kesatu, 2021).
Article 369 paragraph (1) states: "Whoever
with the intention of unlawfully benefiting himself or others, with the threat
of defamation either orally or in writing, or by threatening to reveal secrets,
forcing a person to give goods or make a debt or write off a debt, is
threatened with imprisonment for a maximum of four years." This article
relates to the act of cyberbullying in the form of cyberstalking, where
perpetrators use threats or extortion through electronic media to gain illegal
profits (KUHP Buku Kesatu, 2021).
The act of cyberbullying, if associated with
the provisions of Law Number 1 of 2023, can be referred to in several articles,
such as:
Article 433 paragraph (1): "With a
criminal element, namely verbally attacking the honor or good name of another
person by accusing something so that it is known to the public, is punished for
pollution." (BPK, 2023).
Article 433 paragraph (2): "With a
criminal element, namely an act as referred to in paragraph (1) committed with
writing or images that are broadcast, displayed, or pasted in a public place,
is punished for written defamation." (BPK, 2023).
Law Number 1 of 2023 concerning the Criminal
Code (KUHP) is a major step taken by Indonesia to update and strengthen the
legal framework in dealing with modern crimes, including cyberbullying. This
law accommodates the development of information technology, which increasingly
allows the emergence of cyber-based crimes, such as insults, threats,
defamation, and the dissemination of insulting or threatening information.
In this law, several articles related to
insults, defamation, and threats have direct relevance to cyberbullying,
especially in the context of social media and other online platforms. For
example, the act of spreading hate speech or insults carried out through
electronic media can be charged with criminal penalties in accordance with the
article that regulates the criminal act.
Although Law No. 1 of 2023 is an important step
in providing legal protection for victims of cyberbullying, there are several
challenges that need to be considered in its implementation, especially in the
context of the very dynamic development of digital technology.
One of the biggest challenges in the
implementation of this law is that some of the terms used, such as
"electronic information" and "electronic documents", still
require more specific explanations. In the rapidly evolving world of technology,
this term needs to be clarified to accommodate various forms of digital
communication, ranging from text messages to multimedia content that can be
used as a tool to commit cyberbullying. For example, insults through memes,
videos, or repetitive posts on social media may not be fully covered by the
current definition.
Digital evidence is an important element in the
cyberbullying law enforcement process, but it is also one of the main
challenges. Evidence such as text messages, comments, or videos can be easily
manipulated or deleted. This causes difficulties in ensuring the validity and
authenticity of the evidence presented in court. In addition, the challenge in
collecting evidence also involves various platforms that are often located
outside Indonesian jurisdiction, so cross-border coordination is very
important.
To deal with increasingly complex cybercrime,
law enforcement officials in Indonesia often face limited resources. This
includes the limitations of personnel who have expertise in the fields of
digital technology and cyber law, as well as the limitations of technological
devices used to detect, collect, and analyze digital evidence. Cyberbullying
cases require a deep understanding of how social media works, as well as
digital tools that can support the investigation process.
In general, there are five main issues
regarding cyber law in each country, In the digital era, there are various
important aspects that affect the use of the internet. Information security
focuses on the authenticity and validity of electronic signatures as well as
the authentication of messages sent online. Online transactions include the
sale, payment, and delivery of goods over the internet. The right to electronic
information involves the protection of copyright and rights between users and
content providers. Information content regulation sets limits on how much
content can be disseminated on the internet, while online contact regulation
includes communication ethics as well as business rules, including taxes,
export-import, and legal jurisdiction in cyberspace (Hukumonline, 2024).
Some of the relevant principles in cyber law
include the protection of personal data, copyright, information security, and
the prohibition against actions such as fraud, defamation, and online insults.
Social media functions as an online platform that supports social interaction,
where web-based technology allows for interactive discussions. Popular examples
of social media today include blogs, Twitter, Facebook, Instagram, Path, and
Wikipedia. According to Van Dijk, social media is a platform that prioritizes
user participation and encourages collaboration (Rahmani, 2016).
Potential
Integration of AI in Handling Cyberbullying
Artificial Intelligence (AI) is one of the results of scientific
advances in the field of information and communication technology, which has
been created and experienced rapid and leading development in the last ten
years. AI is an innovation in science and technology designed to allow computer
systems to mimic human intellectual abilities. Currently, AI is increasingly
becoming the focus of attention in the digital era. In its development, AI has
had a significant positive impact in various sectors, with its use not only
limited to the telecommunications industry, but also expanding into the
banking, manufacturing, services, and even government sectors (Ririh, Laili,
Wicaksono, & Tsurayya, 2020).
The increase in the use of Artificial Intelligence (AI) to meet the
needs of society is also seen in the legal field. One example of the use of AI
that has been adopted is the application E-Court which was launched by the
Supreme Court in 2018. Furthermore, on August 18, 2023, coinciding with the
commemoration of the Supreme Court's 78th Anniversary, the institution launched
five new AI-based applications. The five applications are Smart Assembly, Court
Live Streaming, One Finger, Lantern 2.0, and e-IPLANS. The Chief Justice of the
Supreme Court of the Republic of Indonesia, Syarifuddin, stated that "this
application reflects the commitment to create a majestic and modern Indonesian
judiciary, in accordance with the mandate of the blueprint for Judicial Reform
2010-2035" (Sukma Medianti,
2023).
The Estonian state has integrated Artificial Intelligence (AI) as a
judge to improve service efficiency and reduce the backlog of cases on the
judge's desk. The Estonian government utilizes AI judges to handle minor
disputes, such as civil disputes with a value of less than 7,000 Euros. The use
of AI systems to manage minor disputes is considered efficient because it does
not involve an element of discretion (Patriana
Yuswar, 2023).
Legal reasoning is the main focus of AI technology development. In
executing legal reasoning, AI can apply the conversion of syllogism and
deductive reasoning processes into a format suitable for computer engineering.
This creates a system of rules and procedures that allow AI to draw inferences
from various logical premises. This evolution has resulted in a construction in
AI known as Computational Models of Legal Reasoning (CMLRs). The CMLRs program
can analyze legal texts, conduct legal reasoning, provide legal arguments, and
predict and provide solutions to legal problems (Ashley, 2017).
Cyberbullying is a form of violence in cyberspace that is becoming more
widespread and has become a serious problem among internet users, especially
among teenagers and children. The psychological impact caused by cyberbullying
is significant, often resulting in conditions such as depression, anxiety, and
in extreme cases, suicidal thoughts (UMSIDA, 2024). In the midst of these challenges, Artificial
Intelligence (AI) offers new hope to solve problems (Kemenkes, 2023) cyberbullying. With its ability to process
large amounts of data and learn from complex patterns, AI can serve as a
vanguard in detection, prevention, and mitigation cyberbullying.
The integration of AI in handling cyberbullying includes the
application of machine learning algorithms that are able to detect various
forms of cyberbullying with high accuracy. Some commonly used techniques in
this process include word- and sentence-level sentiment analysis, where AI
systems can analyze negatively charged words as well as sentence context to
understand the emotional nuances contained within them.
For example, a sentence that looks positive at first glance may harbor
hidden sarcasm or ridicule, depending on the context of the communication.
Additionally, entity and relationship recognition allows AI to identify
entities such as names, locations, and organizations in text, as well as
understand the relationships between those entities. This allows for the
detection of attacks that are personal or targeted to specific groups, so that
preventive measures can be taken early (Hospital, 2024).
Another major challenge in detecting cyberbullying is the ability to
understand non-literal language; therefore, advanced AI models can be trained
to recognize distinctive language patterns that reflect sarcasm and irony,
which are often used in the context of harassment. In addition, considering
that cyberbullying does not only occur through text, AI can also analyze visual
and audio content to detect acts of violence, threats, or harassment, so the
scope of detection becomes wider. With this comprehensive approach, AI can be
an effective tool in dealing with the challenges of cyberbullying in the
digital age.
The integration of artificial intelligence (AI) in handling
cyberbullying can be done at various scales, both automatically and personally.
One way it is implemented is through automated content moderation, where social
media platforms can leverage AI to scan millions of posts daily and
automatically remove content that violates community guidelines. This approach
not only helps maintain a safe online environment, but it also reduces the
workload of human moderators who are often overwhelmed by the amount of content
that has to be checked. In addition, AI systems can also function in proactive
detection by analyzing user behavior patterns to predict who is a potential
perpetrator or victim of cyberbullying.
With this ability, precautions can be implemented before the situation
becomes more severe, reducing the likelihood of negative impacts on the
individuals involved. On the other hand, AI can also play a role in
personalizing interventions by providing support tailored to individual needs,
such as offering help resources or connecting victims with counselors or mental
health professionals.
This approach not only helps in addressing the situation at hand, but
also increases the effectiveness of the interventions provided, ensuring that
affected individuals receive help that is appropriate to their condition. Thus,
the integration of AI in handling cyberbullying offers a more holistic and
efficient solution in creating a safer online environment for all users.
The integration of artificial intelligence (AI) in handling
cyberbullying has a much broader impact than just providing assistance to
individuals who are victims, as it also provides significant benefits to
society as a whole. One of the key aspects of this benefit is AI's ability to
collect and analyze data on a large scale. The data collected by the AI system
includes not only information about cyberbullying incidents, but also
behavioral patterns, situational context, and demographics of the users involved.
With the analysis of this data, researchers and policymakers can gain
valuable insights into the trends and characteristics of cyberbullying, which
is crucial for understanding how this phenomenon is developing in different
circles of society. This information can then be used to formulate more
effective prevention strategies, including public awareness campaigns, the
development of new policies, and educational programs aimed at reducing the
incidence of cyberbullying on various social media platforms.
Additionally, while AI has the ability to collect and process user
data, it is crucial to ensure that the use of such data is carried out in an
ethical manner and in accordance with applicable privacy principles.
Responsible data collection is essential for protecting individual rights and
ensuring that users feel safe and valued when using digital platforms. Clear
and transparent policies regarding data use, as well as mechanisms to protect
individual privacy, must be implemented so that people can trust AI technology
in handling cyberbullying.
On the other hand, it's important to note that AI is not meant to
replace the role of humans in content moderation. While AI can process and
analyze data quickly and efficiently, human interaction remains crucial in the
context of moderation. AI can work with human moderators to improve efficiency
and effectiveness in detecting and responding to cyberbullying cases. This
collaboration allows for the use of human expertise in understanding the
nuances of situations and providing more context-sensitive responses, while AI
can handle enormous volumes of data and detect patterns that may not be visible
to humans.
By integrating AI in handling cyberbullying, we can create synergies
between technology and human intervention, which in turn can strengthen
responses to cyberbullying problems. This synergy will help make the online
environment safer and more inclusive for all users, as well as reduce the
negative impact caused by cyberbullying. In this way, AI not only serves as a
tool for detection and prevention, but also as an integral component in
creating a society that is more aware and responsive to social issues that
arise in the digital age.
The development of a more robust artificial intelligence (AI) model is
very important in an effort to deal with the problem of cyberbullying.
Continuous research and development aim to create AI models that are not only
resistant to adversarial attacks, which are techniques used to trick AI
systems, but are also capable of detecting various forms of cyberbullying that
are increasingly complex. With this stronger model, the system is expected to
be able to recognize more subtle and varied patterns of bullying behavior, so
that it can provide an appropriate and effective response.
In addition to model development, collaboration between social media
platforms is also a key aspect in cyberbullying mitigation. These platforms
need to work together to develop a common standard for detecting and preventing
online bullying. With solid agreements and cooperation between platforms, the
effectiveness of handling this problem can be improved overall. For example, if
one platform identifies typical bullying behavior, that information can be
shared with other platforms to increase awareness and prevention across the
social media ecosystem.
In addition, public education and awareness about cyberbullying and
ways to prevent it are crucial. The public needs to be given a deeper
understanding of what cyberbullying is, the impact it causes, and the steps
that can be taken to prevent it. Through educational programs that emphasize
the importance of digital ethics and good behavior on the internet, internet
users are expected to be more vigilant and proactive in creating a positive
online environment. By increasing this awareness and knowledge, it is hoped
that users can be more responsible in their interactions in cyberspace, thereby
reducing cyberbullying incidents and their negative impact on individuals and
society.
Cyberbullying mitigation efforts require a combination of the
development of sophisticated artificial intelligence (AI), collaboration
between social media platforms, and increased public education and awareness.
With these steps, cyberbullying can be handled more comprehensively and
effectively. AI technology plays a crucial role in detecting harmful content,
while the cooperation of various parties allows for stronger and more
consistent preventive measures.
The continuous development of AI technology is expected to reduce the
number of cyberbullying and improve the welfare of internet users. In addition,
AI can also help shape a more inclusive society by creating a safe online
environment. With early detection and quick response, this technology not only
protects individuals from the negative impact of cyberbullying but also
strengthens legal protections in cyberspace.
The Ministry of Communication and Information, the National Police, the
Cyber Directorate, and BSSN play an important role in handling and preventing
cyberbullying in Indonesia. The Ministry of Communication and Information can
use AI technology to monitor digital content, while the National Police,
especially the Cyber Directorate, needs to utilize technology to crack down on
cyberbullying more effectively. BSSN, as a cybersecurity agency, can integrate
AI in security policies to proactively identify threats and provide early
warning to authorities.
Overall, BSSN, the National Police, the Cyber Directorate, and the
Ministry of Communication and Information need preventive technology (techno
prevention) to increase efforts to prevent and handle cyberbullying. By
utilizing artificial intelligence, data analysis, content monitoring, and
behavioral analysis, these institutions can be more effective in detecting,
preventing, and responding to cyberbullying cases in Indonesia. Preventive
technology will be a powerful tool in creating a safer digital environment and
protecting society from the threat of cyberbullying in the future.
The rapid development of digital technology has brought significant
changes in the way we interact and communicate. Social media, as one of the
most influential innovations, has become an indispensable communication
platform in everyday life. In recent years, social media has transformed into a
space for individuals to share thoughts, ideas, and experiences, allowing for
easy and fast communication across geographical boundaries (Malang, 2024). However, along with this convenience, there
are also serious problems that come with it, such as cybercrime, and one of
them is cyberbullying (Padang, 2024).
In the face of the challenge of cyberbullying, artificial intelligence
(AI) offers a promising solution. AI has the ability to quickly analyze large
amounts of data, detect patterns, and provide appropriate responses. By
utilizing this technology, we can strengthen legal protections for victims of
cyberbullying and increase the effectiveness of prevention efforts.
AI has an important role to play in tackling cyberbullying through
various approaches. One of the main ways is early detection and content
classification. With Natural Language Processing (NLP), AI can understand and
analyze human language naturally, allowing the system to identify keywords,
phrases, and emotions that often arise in the context of cyberbullying. For
example, the use of words such as "stupid" or "ugly" can
indicate bullying behavior. Additionally, sentiment analysis can assess whether
a message or post contains elements of negativity, hatred, or intimidation,
helping the system detect threats early. In a visual context, computer vision
techniques allow AI to detect images or videos that have the potential to
contain violence or pornography, which is often used in cyberbullying cases.
In addition to detection, AI also plays a role in tracking and
identifying perpetrators. Through social network analysis, AI can map the
relationships between social media users to identify groups or individuals who
frequently engage in these activities. Information such as the date, time, and
location of the content can be processed through metadata analysis, helping to
track the origin of malicious content and identify the perpetrators.
On the prevention and mitigation side, AI can filter content before it
is published through content filters that block potentially bullying posts.
Additionally, AI systems can provide automated responses to victims by offering
support or guidance for reporting incidents. Furthermore, AI can support
interactive educational programs that teach the dangers of cyberbullying and
how to prevent it, in order to increase user awareness.
Several major social media platforms have started implementing AI
technology to solve the problem cyberbullying. For example, Facebook uses a
combination of machine learning and human moderation algorithm to detect and
remove content that violates our Community Policies. Twitter has also developed
a feature to hide replies that are abusive or irrelevant, which can reduce the
negative impact on other users (Kantor Berita
Indonesia, 2019).
While the application of AI in legal protection for cyberbullying
victims offers a variety of benefits, there are several challenges that need to
be addressed. One of the main challenges is algorithmic bias, where AI can
inherit biases from training data, which can result in unfair or discriminatory
decisions against certain groups. In addition, privacy issues are also a
concern, as the collection and analysis of large amounts of personal data can
violate individuals' privacy rights if not properly regulated. Ethical
challenges have also arisen, especially related to accountability,
transparency, and the risk of misuse of technology in law enforcement (UNAIR, 2024). In addition, there is a risk of over-reliance
on technology, where glitches, errors, or hacks in AI systems can have serious
consequences (JDIH, 2023). To maximize the effectiveness of Law No. 1 of
2023 in protecting victims cyberbullying, a strong synergy between legal
regulation and artificial intelligence technology is needed. To create a legal
framework that is more adaptive to the development of AI technology, several
important aspects must be considered. First, the legal framework must be
constantly updated to accommodate technological changes and protect human
rights and privacy. Second, data standardization is needed to ensure
interoperability between AI systems and ensure the quality of the data used.
Third, the ethics of using AI must be maintained by applying the principles of
transparency, accountability, and non-discrimination so that AI is not misused
in law enforcement. Finally, multidisciplinary collaboration between law,
technology, psychology, and sociology is needed to create a comprehensive and
responsive law enforcement system against cyberbullying
CONCLUSION
Overall, the development of digital technology, especially social
media, has brought a significant impact on social interaction and introduced
new challenges, such as cyberbullying.
With the support of Law No. 1 of 2023, artificial intelligence can be an
effective tool in improving legal protection for victims of cyberbullying. While existing
challenges need to be addressed, the potential of AI to detect, track, and
prevent cyberbullying provides new hope for creating a safer and more
supportive online environment for all users.
Law Number 1 of 2023 provides an important legal framework to protect
victims of cyberbullying in
Indonesia. However, in the face of the challenges arising from the
ever-evolving digital world, artificial intelligence (AI) technology offers
great potential to support law enforcement processes. By utilizing AI for early
detection, analysis of digital evidence, identification of perpetrators, and
prevention, the protection of victims of cyberbullying
can be significantly improved. However, the successful implementation
of this requires an adaptive legal framework, clear data standards, and the
application of strict ethical principles. Multidisciplinary collaboration will
also be key in creating more effective and comprehensive solutions.
REFERENCES
Aditya. (2020). Apa itu Cyber Harassment? Ini Penjelasan Lengkapnya.
Agustini. (2023). Wamenkominfo Ajak Semua Pihak Lindungi Anak Dari
Kejahatan Ruang Digital.
Amirulloh, Muhamad. (2017). Cyberlaw: Perlindungan Merek Dalam
Cyberspace (Cybersquatting Terhadap Merek). Bandung: Refika Aditama.
Ashley. (2017). Artificial intelligence and legal analytics: new tools
for law practice. Cambridge University Press.
Aurelia Oktavira S., Bernadetha. (2023). Jerat Hukum Pelaku Cyberbullying.
BPK. (2023). Undang-Undang Nomor 1 Tahun 2023 Tentang Kitab Undang-Undang
Hukum Pidana.
Chris Natalia, El. (2016). Remaja, Media Sosial dan Cyberbullying. Jurnal
Komunikatif, Vol. 5, No(119�139), 121.
Clara, Friskilla, Soponyono, & Astuti. (2016). �Kebijakan Hukum Pidana
Dalam Upaya Penanggulangan Cyberbullying Dalam Upaya Pembaharuan Hukum Pidana.�
Diponegoro Law Journal, Volume 5,(1�21), 2.
E. Willard, Nancy. (2007). Cyberbullying And Cyberthreats: Responding To
The Challenge Of Online Social Aggression, Threats, And Distress, Champaign. Research
Press, 255�267.
Hernanto, Tjoetjoe Sandjaja, & Amelia, Tina. (2024). Omnibus Law
Penegak Hukum Di Indonesia. Bogor: PT Kaya Ilmu Bermanfaat.
Hospital, Siloam. (2024). Apa itu Cyberbullying? Inilah Penyebab dan Cara
Mengatasinya.
Hukumonline. (2024). Mengenal Cyber Law dan Aturannya.
Jayaputri, Citasari. (2020). Cyberbullying dan Tantangan Hukum. Jurnal
Penelitian Hukum Legalitas, Volume 14, 27�34.
JDIH. (2023). PERKEMBANGAN TEKNOLOGI ARTIFICIAL INTELLIGENCE.
Kantor Berita Indonesia, Antara. (2019). Twitter uji coba fitur
sembunyikan balasan.
Kemenkes. (2023). Dampak Psikologis bagi Korban Cyberbullying �Luka yang
Tak Terlihat.�
Komisioner, KPAI. (2020). Sejumlah Kasus Bullying Sudah Warnai Catatan
Masalah Anak Di Awal 2020 Begini Kata Komisioner Kpai.
KUHP Buku Kesatu. (2021). Kitab Undang-Undang Hukum Pidana.
M. Ramli, Ahmad. (2006). Cyber Law & HAKI. Bandung: Refika
Aditama.
Malang, Formadiksi Universitas Negeri. (2024). Hari Media Sosial: Mengapa
Media Sosial Menjadi Pilar Utama Komunikasi Modern?
News, Tangerang. (2021). Makin Banyak Anak Muda Jadi Korban Cyberbullying
Ini Tanda-Tandanya.
Padang, Kantor Kementerian Agama Kota. (2024). Pergeseran Interaksi Sosial
di Era Digital: Dampak dan Solusinya Oleh : Isrizal, M.Pd Kepala MTsN 1
Kota Padang.
Patchin, & Hinduja. (2015). Measuring Cyberbullying: Implications
for Research.
Patriana Yuswar, Cheryl. (2023). �AI sebagai Hakim, Dapat Hilangkan
Putusan Pengadilan yang Bias?".
Penulis. (2024). Jerat Pasal Pelaku Bullying di Media Sosial menurut UU
ITE 2024.
Rahmani, Thea. (2016). Penggunaan Media Sosial Sebagai Penguasaan
Dasar-Dasar Fotografi Ponsel. In Publik. Yogyakarta: Publik.
Rastati, Ranny. (2016). Bentuk Perundungan Siber Di Media Sosial Dan
Pencegahannya Bagi Korban Dan Pelaku. Jurnal Sosioteknologi, 15,
169�186, hal. 170.
Ririh, Laili, Wicaksono, & Tsurayya. (2020). Studi Komparasi Dan
Analisis SWOT Pada Implementasi Kecerdasan Buatan (Artificial Intelligence) di
Indonesia. Jurnal Teknik Industri, 15(2), 122�133.
Riswanto, Dody. (2020). Perilaku Cyberbullying Remaja Di Media Sosial. Analitika,
98�111.
Saeful Bahri, Idik. (2020). CYBER CRIME Dalam Sorotan Hukum Pidana.
Yogyakarta: Bahasa Rakyat Yogyakarta.
Sari, & Suryanto. (2016). Kecerdasan Emosi, Anonimitas, dan
Cyberbullying (Bully Dunia Maya). Persona, Jurnal Psikologi Indonesia,
48�61.
Sukma Medianti, Uji. (2023). �Permudah Penanganan Perkara, MA Rilis
Aplikasi Berbasis AI.�
Suseno, Sigid. (2012). Yurisdiksi Tindak Pidana Siber. Bandung:
Rafika Aditama.
UMSIDA, Romadhona. (2024). Bahaya Cyberbullying pada Remaja, Dampak, dan
Cara Mencegahnya.
UNAIR, FTMM. (2024). AI Cerdas, tapi Bisa Bias? Waspada Bahaya Algoritma!
|
Copyright holder: Cepi Noval (2024) |
|
First publication right: |
|
This article is licensed under: |