CRIMINAL LAW REFORM ON THE PROTECTION OF CHILDREN'S PERSONAL DATA IN THE MODERN DIGITAL ERA

Abstract

This study analyses the direction of criminal law reform in Indonesia in protecting children's personal data in the modern digital era. The increased use of social media and digital applications by adolescents has created new vulnerabilities to violations of children's privacy rights, impacting their safety and moral development. Using normative juridical methods through legislative, conceptual, and case approaches, this study examines Law Number 27 of 2022 concerning Personal Data Protection, Law Number 35 of 2014 concerning Child Protection, and the 2023 Criminal Code. Qualitative analysis, employing deductive reasoning, was used to assess the relevance of criminal law principles to the value of family law and customary law. The results show that although Indonesia's criminal law reform has led to the strengthening of child protection, a gap remains in specific norms related to the violation of children's personal data in the digital space. Family law values that emphasise parental responsibility and customary law values that uphold honour and decency can provide a significant moral and social foundation for strengthening the effectiveness of criminal law policies. This research contributes to the development of the study of criminal law and family law by offering an integrative model of child protection based on customary law values in the digital era. It proposes the establishment of a digital criminal law system grounded in family and customary principles as the basis for child protection in Indonesia.