Tragedi Bullying Berujung Maut: Bagaimana Hukum Menjerat Pelaku Anak Di Bawah Umur?

Abstract

This article examines the criminal-law qualification of bullying resulting in death, the limits of child criminal liability, and the relationship between juvenile justice and victim protection under Indonesian law. It uses normative legal research with statutory, conceptual, and case approaches, supported by qualitative analysis of legislation, regulations, court-related publications, and legal scholarship. The analysis finds that fatal bullying is not a separate criminal offense; depending on the proven conduct and mental element, relevant provisions include the Child Protection Law and Articles 262, 466–469, 458, and 459 of the Indonesian Criminal Code (Law No. 1 of 2023), read together with the 2026 criminal-penalty adjustments. The article also finds that the limits on child sentencing are distinct from the requirements for diversion. Under Supreme Court Regulation No. 4 of 2014, diversion must still be attempted where a child is charged with an offense punishable by less than seven years together with a more serious offense in the specified forms of indictment. The tension between rehabilitation of child offenders and protection of child victims is therefore not necessarily a true conflict of norms, but a policy challenge requiring coordinated safeguards. For non-physical bullying followed by death, causation must be established through reliable evidence rather than inferred from temporal sequence alone. The article recommends clearer evidentiary guidance, reasoned sentencing, accessible restitution for victims’ heirs, and school-safety governance under the 2026 regulation.