Restorative Justice for Cyberbullying Cases Involving Minors: Evaluating the Adequacy of Indonesia’s Electronic Information and Transactions Law and Child Protection Law

Abstract

Cyberbullying among minors has emerged as one of the most pressing legal challenges in Indonesia’s digital era. The Indonesian Child Protection Commission (KPAI) recorded a dramatic surge in bullying cases   from 285 cases in 2023 to 573 cases in 2024, more than doubling within a single year. Despite the enactment of Law Number 1 of 2024 on Electronic Information and Transactions (ITE Law) and Law Number 35 of 2014 on Child Protection (Child Protection Law), significant legal gaps remain in addressing cyberbullying against minors through a child-sensitive, rehabilitative approach. This paper employs a comparative legal research methodology to evaluate the adequacy of Indonesia’s existing legal framework   particularly the ITE Law and the Child Protection Law   in providing restorative justice mechanisms for cyberbullying cases involving minors. Drawing comparisons with the Philippines’ Anti-Bullying Act of 2013 (RA 10627) and its Juvenile Justice and Welfare Act, this study reveals that Indonesia’s current legal architecture is predominantly punitive in orientation, with restorative justice provisions scattered across multiple instruments without a unified, child-specific cyberbullying framework. The paper argues that the absence of an explicit definitional standard for cyberbullying, the lack of mandatory diversion mechanisms for minor offenders, and the inadequacy of victim-centered remedies constitute critical legislative deficiencies. This paper concludes by proposing concrete recommendations for legal reform, including the formulation of a dedicated provision within the Child Protection Law that integrates restorative justice principles and mandates inter-agency coordination for cyberbullying cases involving minors.