新常态下保护儿童免受社交媒体暴力侵害

Aryono Aryono, R. A. Prastyanti*
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摘要

妇女赋权和儿童保护部(PPPA)收到了数千份与案件有关的报告。提交的大多数报告都是关于性暴力的。儿童保护部儿童保护副主任,来自保护妇女儿童在线信息系统(Symfoni PPA),该系统于2020年1月1日至7月31日收集。总共有4116例病例。截至2020年8月18日,这一数字已增加到4833例。大多数报告来自东爪哇、东加里曼丹、苏拉威西东南部和北马鲁古。具体而言,PPASymphony收到的4,116起案件包括68名剥削受害者、73名TIP受害者、346名忽视受害者、979名心理暴力受害者、1,111名身体暴力受害者和2,556名性暴力受害者。这类研究采用的是社会法学研究方法。这项研究需要一个多学科的方法来分析和解释法律,法律现象,两者之间的关系,以及他们与社会的关系在最广泛的意义上。本文采用的研究方法是规约法。成文法方法是通过审查与正在处理的法律问题有关的所有法律和法规来实施的。这项研究更多的是针对新常态下与保护儿童免受社交媒体暴力问题相关的法律法规。本研究使用的数据分析技术是演绎分析方法,即以一般假设和一定的范式作为起始结论的基础的数据分析方法。敦促各国政府制定和实施立法并协调法律,以保护儿童免受网络犯罪的侵害,包括在线引诱、引诱或跟踪、接触非法或不适当材料以及与儿童色情有关的一切行为(包括创作、传播、访问、下载、拥有和煽动)。因此,敦促各国政府将(以任何方式)涉及儿童色情制品的罪行归类为危害人类罪,从而符合普遍管辖权原则。跨境管辖权问题仍然是实现全面解决的障碍。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Protection Of Children From Violence In Social Media In The New Normal Era
The Ministry of Women's Empowerment and Child Protection (PPPA) received thousands of reportsrelated to cases. Most of the reports submitted were about sexual violence. Deputy for Child Protection ofthe Ministry of PPPA, from the Online Information System for the Protection of Women and Children(Symfoni PPA) which was collected from January 1 to July 31, 2020. In total there were 4,116 cases. Thenumber has increased as per 18 August 2020 to 4,833 cases. Most reports were submitted from East Java,East Kalimantan, Southeast Sulawesi, and North Maluku. In detail, the 4,116 cases received by the PPASymphony consisted of 68 victims of exploitation, 73 victims of TIP, 346 victims of neglect, 979 victims ofpsychological violence, 1,111 victims of physical violence and 2,556 victims of sexual violence. This type ofresearch uses the sociolegal research method. This research requires a multidisciplinary approach toanalyze and interpret the law, the legal phenomenon, the relationship between those two and also theirrelationship with the society in its widest sense. The research approach used in this paper is the statuteapproach. The statute approach is carried out by examining all laws and regulations relating to the legalissues being addressed. The research conducted is aimed more at the approach to laws and regulationsassociated with the issue protection of children from violence in social media in the new normal era. DataAnalysis Techniques used for this study are deductive analysis methods, namely data analysis methodsstarting with general postulates and certain paradigms as a base for starting conclusions. Nationalgovernments are urged to devise and implement legislation and to harmonise laws to protect children fromall cyber crimes including online grooming, luring or stalking, exposure to illegal or inappropriatematerials and all actions related to child pornography (including creation, dissemination, accessing,downloading, possession and incitement). As such, governments are urged to classify the crime of beinginvolved (in any way) with child pornography as a crime against humanity, thereby falling under theprinciple of universal jurisdiction. Cross-border cooperation Cross-border jurisdictional issues remain abarrier for achieving comprehensive solutions.
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