Legal and Law Enforcement Responses on Sexual Exploitation of Children Online in Indonesia Ahmad Sofian (a), Surastini Fitriasih (b), Deden Ramadani (c)
(a) Law Department, Faculty of Humanities, Bina Nusantara University, Jakarta, Indonesia
(b) Faculty of Law, Universitas Indonesia, Depok, West Java 16424, Indonesia
(c) ECPAT Indonesia, Jakarta, Indonesia
Abstract
The information technology advancement has brought tremendous changes to the emergence of new criminal offenses. Technology has been misused to commit crimes and prompted various complicated legal issues. One of the crimes extensively utilizing information technology is Sexual Exploitation of Children Online (SECO). The particular crimes have also been transformed into various kinds, from grooming, sexting, sextortion to live streaming. This crime also goes beyond the territorial boundaries of a nation state discouraging the attempt measure the perpetrators^ criminal liability attribution. In Indonesian context, the national criminal law is still unable to properly respond to it. Although in practice the law enforcement may deploys the Electronic Transaction Information Law, this law cannot completely deal with this crime. In fact, other criminal law issues emerge in responding to SECO that require new formulas, including new doctrines, to enable the existing criminal law overcoming them effectively. This study recommends that a more specific formulation of criminal law be developed to declare SECO as a criminal offense. Law enforcement agents should have the technical capacity to uncover the crime evidences, therefore the perpetrators can be sued for their crimes.
Keywords: SECO, child sexual exploitation, responsibility, crimes
