Legal Protection for Child Perpetrators and Victims of Revenge Porn in Indonesia

The development of the digital world brings so many benefits to human life, which includes all levels of people, from children to adults. For children, the digital world and social media will certainly support a more advanced and developing life. However, this progress also presents various potentials and challenges that are not in line with the fulfillment of children's growth and development rights. This is related to the threat of children's rights in criminal acts based on social media, both as perpetrators and as victims of the crime itself. One of these crimes is online gender-based violence that is rife in the form of cyberporn with revenge porn modus operandi, which is a crime by spreading vulgar content without the consent of the person in the content to take revenge. The research method used is a descriptive-analytical research method with a normative legal approach, where the author uses secondary data and a statutory approach to draw deductive conclusions. Therefore, the government needs to actively implement legal protection to protect the rights of children as victims and perpetrators. Such legal protection should be carried out in a preventative manner with the Virtual Police mechanism and the role of the Stakeholders, and repressively by carrying out the judiciary, instilling the concept of restorative justice in its implementation, both in the application of diversion for the perpetrator and the provision of restitution or compensation for victims.


INTRODUCTION
The advancement of technology and information in the world, specifically Indonesia, brings benefits that simplifies human activities, human jobs, and social interaction through the use of social media. According to a report by Hootsuite, titled Perempuan, 2020b). This of course does not take into account unreported and unknown cases that may also occur.
OGBV occurs mainly in everyday human interactions.
In writing this research paper, the authors reviews OGBV in the form of cyberporn carried out by child perpetrators and child victims, as stated in the Child Protection Law that Cyberporn is an act that uses cyberspace in producing, displaying, presenting, uploading, or downloading pornography or vulgar content (Sugeng, 2020).With the current rapid development, cyberporn does not only involve adults, but also involves children, both as perpetrators and as victims of this criminal act.
Based on the facts published by National Committee on Violence Against Women, numerous high school students turn out to be perpetrators and victims of this crime, especially with revenge porn as its modus operandi, which resulted in 33% out of 97 cases in 2018 (Komnas Perempuan, 2020a). Revenge porn is a modus operandi in cyberporn that is carried out by spreading sexual, obscene, and explicit content without the consent of the recorded individual (Chandler & Munday, 2016). This distribution is carried out as a form of revenge towards individuals recorded in the content, which generally occurs within the scope of the premarital relationship between the perpetrator and the victim. From these sets of ideas, it can be interpreted that there are a lot of people under the age of 18 who are then related to the crime of revenge porn.
As the crime numbers of revenge porn increases, it is important that the Indonesian government takes active action in administering justice and providing legal protection for children who incidentally have the right to proper growth and development, as stated in Article 6 Section 2 of The United Nations Convention on the Right of the Children (United Nations, 1989),which reads : "State Parties shall ensure to the maximum extent possible the survival dan development of the child." This is also in line with Article 28B paragraph (2) of the 1945 Constitution, which emphasizes that every child has the right to proper survival, appropriate growth and development, and to obtain protection in order to be free from violence and discrimination. The fulfillment of this right should also be endeavored by the state in realizing its goals in educating The legal protection given to children as perpetrators is closely related to the provision of penalties and settlement of existing cases, which should always prioritize the child's "best interest". Meanwhile, when viewed from the perspective of children as victims, the law needs to ensure legal protection and fulfillment of justice.
Hence, the following Research Questions are raised: a) How will legal protection for perpetrators of child revenge porn be implemented? and b) How will legal protection for victims of child revenge porn be implemented? The purpose of this paper is to provide an understanding of how the Indonesian legal system should provide legal protection for children, both children who are perpetrators and victims of social media-based and gender-based crimes in the form of revenge porn that occur in the scope of premarital relations, especially the age of children.

METHOD
This research was conducted in an analytical descriptive manner and is based on the statute approach, namely the approach through legislation, including: a)

A. Legal Protection for Children Perpetrators of Social Media-Based Crimes in the Perspective of Restorative Justice
The enforcement of laws and eradication of OGBV Children who are victims of revenge porn must be protected; their psychological condition must be restored.
Perpetrators who are still in the category of children must also be given penalties in accordance with the laws and regulations. Based on the author's analysis, the following laws and regulations below can be applied to realize restorative justice for children and perpetrators, these

a. Terms of Diversion for Revenge Porn Perpetrators
Diversion is a form of legal protection for children in

b. Imprisonment Threat if Diversion Fails
Based on the authors' analysis, if diversion efforts fail to be carried out at every level, the child who becomes the perpetrator can be threatened with the following penalties:

B. Legal Protection Guarantees for Children as Victims of Crimes on Social Media
In addition to being perpetrators, children are also to the police because she thinks the legal process is long and is discriminates against women, the potential for criminal threats which could also charge her in the Law on Pornography and the ITE Law also makes her feel hopeless, as she thinks that she herself is could be prosecuted (Lumbanrau, 2021). According to the Circular Letter of the National Police Chief, the authors think the mechanism of the Virtual Police essentially provides supervision through warnings based on the reports received. This Virtual Police will also work not only as a warning for those who commit revenge porn, but also for supervision to carry out cyber patrols on social media. In this patrol, if an account is found conducting revenge porn, the patrol will give a warning. Furthermore, if the account contains the name of the victim, in the authors' opinion, the police on duty in the patrol should immediately follow up, for example by coordinating with the KPAI, or related agencies, so that the victim can be quickly recovered, given trauma healing. Reflecting India and China, China has also implemented a Virtual Police mechanism which can also be considered child-friendly in its implementation, where the Virtual Police, which is named the Virtual Beijing Police, operated through the official website of the Beijing Police, equipped with two animated police pictures. Jingjing and Chacha which can be clicked to ask for help and report what happened to the victim (Gharbia, 2007 India has implemented an online system that makes it easier for victims to report when a crime has occurred, namely by going through a Virtual Police Station which looks like a police station in general with an interactive display and 360° illustrations, then the victim can complete the report file with an interactive outline and accessible file, for example a report registration letter will be symbolized by an easily identifiable image, so that even child victims can easily access it (India Today, 2015).
Next, preventive efforts are also not limited to Government actions, which in this case is the Virtual Police mechanism. Basically, preventive efforts can also come from the role of private stakeholders. The realization of this role will emerge through coordination and synergy with the In the perspective of the child as the perpetrator of the crime of revenge porn, the perpetrator should be given a punishment that aims to prevent the perpetrator from repeating the crime, but before getting into the punishment, the first thing to do in juvenile crime is practicing the diversion mentioned above, as in accordance with the SPPA Law and in practicing the concept of restorative justice which will be the foremost process of administering justice for all levels of the Indonesian community.

DECLARATION OF CONFLICTING INTERESTS
This research was compiled by 3 authors who both contributed to presenting the title idea and description of the writing discussion. This writing is based on using the IRAC (Issue, Regulation, Argument, Conclusion) basis as a writing benchmark. Graceyana is in charge for collecting empirical and quantitative data to strengthen the facts in writing and conclusions. Jenaya is responsible for writing the background and collecting research materials and methods.
Natalia is also responsible for collecting and sorting all law regulations. Natalia is also responsible for writing abstracts.
In terms of problem formulation, discussion, divided equally between each author. Regarding the formatting of the entire writing, the three writers did it as a form of crosschecking and controlling the writing language used.
Henceforth, there is no potential competition and no conflict of interest reported by the authors.

ACKNOWLEDGEMENT
The authors thank Mr. Rizky P. P. Karo Karo (Lecturer at the Faculty of Law, Pelita Harapan University) as the supervisor of this paper and for providing legal opinion and assistance for the authors to write this paper rightfully and deeply in line with the criminal law basis and acts that are used in Indonesia. Therefore, the authors can complete this paper as a form of knowledge and practical deepening for the future development of law in Indonesia.