Rekonstruksi Filosofis Perlindungan Hukum terhadap Anak Korban Eksploitasi Daring di Indonesia

Abstract

The development of information and communication technology has shifted various forms of interaction into the digital sphere, while simultaneously increasing children’s vulnerability to various forms of online exploitation, including manipulation through digital communication, sexual exploitation, the dissemination of child sexual abuse material, and exploitation through live streaming. Although Indonesia has established various legal instruments to provide protection for children, their implementation continues to face several challenges, particularly due to the cross-border nature of digital crimes, difficulties in proving offenses and securing digital evidence, secondary victimization, and the repeated dissemination of victims’ content. This study aims to analyze the effectiveness of legal protection for child victims of online exploitation and to examine the need for reconstructing legal protection from a legal-philosophical perspective. The research employs a normative juridical method using statutory, conceptual, and philosophical approaches. The analysis draws on Gustav Radbruch’s concepts of justice, utility, and legal certainty, as well as Aristotle’s concepts of proportional and corrective justice. The findings indicate that the main issue in providing legal protection for child victims of online exploitation lies not merely in the availability of legal norms, but in the gap between legal provisions and their implementation. Legal protection should be directed not only toward prosecuting perpetrators but also toward protecting children’s identities and personal data, preventing repeated victimization, ensuring child-friendly legal proceedings, and facilitating victim recovery.