ASPECTS OF LEGAL PROTECTION FOR CHILDREN FROM CYBERCRIME

The 21st century has progressed further. As in Indonesia, currently, the development of technology is increasingly rapid. This certainly affects aspects of social life in society and its security. Today's threats are not only enemies in the military, but also non-military. Among them are the threats faced by internet users, the penetration rate shows a high cumulation, opening up opportunities for the emergence of cyber-based crimes. The development of infrastructure is in line with the development of technology. Increasingly sophisticated technology is not only used by the community for positive things. However, not a few are taking advantage of technological sophistication to reap benefits that result in losses for technology users themselves. This study aims to research, examine how legal protection for children from cybercrime. In this case, children become vulnerable to cybercrime in digital era. Why is that? Considering that the control for internet access, as well as legal products in Indonesia, cannot yet fully guarantee protection for victims of cybercrime. The method used in this research is to use the descriptive analysis approach. Assessing and analyzing legal protection for children from cybercrime based on legal theories and applicable laws and regulations. Besides, it also reveals the phenomena of the current situation in the community.


A. INTRODUCTION
The Republic of Indonesia as a state law. 1 Adhere to the principles of protection law, protection of human rights for citizens country, and democratic principles, including protection of children, so it is absolute for state and government provide protection law and human rights to children as part of the nation's children who are expected to become continuation of the ideals of the struggle of the Indonesian nation.
W. Smith (an Australian citizen) who molested 50 (fifty) children from Indonesia,India,and Vietnam. 4 The benefits of the virtual world so far provide social changes in people's lives, especially for children. Children are like a white paper, what we write down, that's where it will be drawn or formed because children have imitation qualities. Deviant behavior can occur in children. Data from the Indonesian Child Protection Commission shows that in 2016 there were 496 cases of pornography and cybercrime. 5 Specifics regarding legal protection towards children, the state pays attention bypassing the Law Number 35 of 2014 which is the change of Law Number 23 of 2002 regarding Child protection. These changes are to emphasize the importance of weighting criminal sanctions and also fines for criminals against children to provide a deterrent effect, as well to encourage concrete steps for recover physically, psychologically, and also social children as victims and/or children as criminals as an anticipatory step so children as victims or not as perpetrators be the perpetrator of the same crime later day.
Currently, a new legal regime has been born, known as cyberlaw or telematics law. Cyberlaw is internationally used for legal terms related to the use of information and communication technology. Likewise, telematics law is the embodiment of the convergence of telecommunications law, media law, and informatics law. Other terms that are also used are the law of information technology, virtual world law, and cyberspace law. These terms were born considering activities carried out through computer systems networks and communication systems both locally and globally (internet) by utilizing computer system-based information technology which is an electronic system can be seen virtuallay. 6 The emergence of this virtual version of social networks affects the relationship between people, generally teenagers. The community site above was created to fulfill the desire of individuals to communicate without any time and space restrictions. Not infrequently social networks often have the potential to influence a person's thinking patterns and shape individual personalities. A large number of social media users among junior and senior high school students at this time did not escape its spread to all corners of the country. However, these social media users have very little information about the existence of Law Number 19 of 2016 concerning Electronic Information and Transactions, which is a legal product that limits the freedom of social media users to be wiser in its use, especially among teenagers. 7 As we know, teenagers are the largest community in Indonesian society who use social media regularly. The initial reason they are very 204 ASPECTS OF LEGAL PROTECTION FOR Jurnal Pembaharuan Hukum CHILDREN FROM CYBERCRIME Volume 7 No.3 Sept-Dec 2020 Ida Musofiana, Aji Sudarmaji, Ira Alia Maerani active in using social media is to seek attention, ask for opinions, and foster an image, but over time they become dependent. Although social media has a positive impact on adolescents, when it is difficult for them to escape from activities related to social media, it will have a less positive impact. Several studies show that due to the excessive use of social media, adolescents are found to experience incongruence in their self-concept. 8 Indonesian Internet User Services Association revealed the results of its released survey 2016 on children of internet users. The result of a survey showed 76.4% were not safe on the internet for the child. 9 This is because of the internet or information technology is an instrument potential criminal instrument, and the second indicates the need for immediate Fixing the legal sector in the field of child protection as victims of cybercrime in Indonesia. The researcher in this case formulates several problem formulations including How is legal protection for children from cybercrime? Then, Providing Legal Protection for Child Victims from Cybercrime.

B. RESEARCH METHODS
Legal research is closely related to the concept of law used that according to Soetondyo Wigyosoebroto of the five legal concepts, these legal concepts are as follows: 1. Law is the principle of truth and justice that applies naturally and applies universally; 2. Law is positive norms in the statutory system; 3. Law is what is decided by the judge (in concreto) and is systemized as a judge-made law; 4. Laws are institutionalized social behavior patterns that exist as empirical social variables; and 5. Law is a manifestation of symbolic meanings of social behavior as seen in their interactions. 10 This study uses a descriptive-analytical literature method. Analytical descriptive research can be done without using a basic supposition or proposition, but it has begun with an outline of the thoughts and problems to be studied. The literature method is one of the data collection methods used in social research methodology to trace event record data ". The literature used in this research is sourced from journals, books, and other online literature contains the concept of legal protection for child victims of social media crimes in general as data in this paper.

C. RESULT AND DISCUSSION 1. The Concept of Child Protection as Victims of Cyber Crime
According to Phillips in his book A First Book English Law, as quoted by Andi Hamzah, which is seen as a goal the current punishment is a variation from deterrent forms, good addressed to violations of the law itself as well as those who have potential become criminals, protection to society from evil deeds, improvement or reform to criminals. The latter is the most modern and popular today, not only for purposes improve imprisonment conditions but also looking for other alternatives that are not criminal in fostering lawbreakers. 11 Frequently asked questions criminal law experts in various seminars are the question of how to criminal law should or should at this time and future. This question is related to the field of criminal law politics (penal policy), namely how better criminal law should be it is created, structured, and used to organize or controlling human behavior in Public. especially to cope with crimes committed by members society as well as by the authorities. 12 Crime is a deviant behavior that will always exist and cling to every form of society. Crime is the oldest social problem therefore must be overcome. Judging from the consequences of crime can disturb or destroy and hinder the achievement of national goals and also prevent optimal use of national sources Sudarto stated that the use of means penal in tackling crime cannot be released from its connection with legal policy criminal or political criminal law (criminal law policy). In this connection, then Soedarto argued that implementing criminal law politics meant making an assessment and elections to achieve statutory results criminal at best, in a sense meet the requirements of justice and efficiency.
Efforts to find alternatives penalties for deprivation of liberty in the short term were also supported by the Union Nations. In the 2nd UN Congress regarding "The Prevention of Crime and Treatment of Offenders "in 1960 London recommended that the practice is thorough removal short term imprisonment is not maybe. only realistic solutions can be achieved by reducing the number of uses. 13 That gradual reduction by increasing substitute forms or alternative to conditional punishment, supervision/probation, fines, work outside the agency. and actions others that do not contain deprivation independence.
Sudarto had a very good reason relation to cybercrime phenomenon this one of which resulted in the child being victim, so to overcome it must with the formulation and use of legislation precisely so that the purpose of that law can be achieved. In Indonesia, child (1), namely: "Every people knowingly and without rights distribute and/or transmit and/or make accessible Electronic Information and/or Electronic Documents has a charge that violates decency. "The meaning of decency regulated in the article includes related to pornography.
The internet further supports the child sex tourism industry by providing patrons of the detours a means by which to easily connect with other like-minded steps throughput the world. 20 Constitution in protecting children from cyber exploitation, according to the author has not been able to reach there is a cybercrime development resulting in children as victims. Author's reason is that there are still forms of cybercrimes that need to be criminalized and necessary also, formulate the appropriate form of punishment for cybercriminals who resulted in children as a victim.
Protection efforts for victims of a criminal act is an effort to recover losses that have been obtained by the victim. This will be more interpreted if victims are directly involved in the process of settlement of criminal cases. Enforcement law is a development effort which is continuous aiming realizing national life and a safe, orderly, and peaceful state dynamic environment in the world independent. 21 The purpose of providing compensation is not others to develop justice and the welfare of the victim as community members by benchmarks in practice, victims are given rights and obligation to be developed as people, children are also people. Therefore, required strict, simple regulations, and easy to understand so it can avoid discrimination in the application by law enforcement and intimidation from certain parties which exacerbates it the condition of the victim in its suffering prolonged.
In the development of laws and regulations in Indonesia, penalties for compensation disadvantages are not only the domain of civil law but has also entered into criminal law. Development this happens because it is increasing world community attention to access victims of criminal acts in the justice system criminal. 22 The penalty for damages is a crime that obliges someone who has acted detrimentally to others to pay some money or goods to the injured person.
The existence of the Criminal Code which is Dutch heritage that was formed in 19th century did not recognize the punishment of change loss. This is because the paradigm at the time of its formation more to retribution (retributive). However, Article 14c of the Criminal 20 Ahmad Taufan  Code has provisions conditional criminal stating that judge in imposing conditional punishment against the perpetrator of a criminal act other than determining general conditions can also impose special conditions in the form of replacement losses that must be met before the term the experiment ended. Apart from the Criminal Code, it is deep Another positive criminal law provision about indemnity is also known. Corruption Criminal Act in Article 34 regulates additional penalties in the form of payment of replacement money in the amount as much as possible as wealth objects obtained from corruption.
In this case, the compensation is given to the state because the state is the victim (collective victim). In the context of pornographycyber then this compensation sanction can also be in the form of collective victims represented by the state and their use for mental rehabilitation victims of pornography. Also, compensation can be given to people who directly fall victim to pornography cyber.
Based on the results of interviews with Police investigators, a special criminal investigation Unit 1 in the section of cybercrime, explained that during the pandemic era that had started in Indonesia last March 2020. The results of the police report in Unit 1, only one case of a child victim of cybercrime in the Central Java Regional Police. 23 in the implementation of legal protection for victims by the articles violated by the perpetrator. since the perpetrator is a child, then diversion is done.
Sanctions for damages as referred to has stated above is the sanction intended to protect victims of action criminal. Apart from that, there are still some other benefits that provide added value on compensation sanctions if included in the new KUHP.

D. CONCLUSION
The conclusion in this article is that it is preferable to use social media following applicable regulations and subject to the Law of the Republic of Indonesia Number 19 of 2016 concerning Amendments to Law of the Republic of Indonesia Number 11 of 2008 concerning Electronic Information and Transactions. As well as the need for an active role from the community and parents in supervising children in using social media so that they are not entangled with criminal sanctions and/or compensation.