Bullying and Legal Accountability Victims’ Compensation in Indonesian Criminal, Civil, and Administrative Law

Abstract

Bullying carried out by children, both in the school environment and outside of school, has complex legal consequences, including criminal, civil and educational aspects. From a criminal perspective, Law Number 11 of 2012 concerning the Juvenile Criminal Justice System (UU SPPA) confirms that children aged 12–18 years can still be held criminally responsible, with special treatment through diversion mechanisms, correctional punishment, social work, or supervision, and the maximum criminal threat is only half the punishment for adults. From a civil perspective, bullying can be classified as an unlawful act according to Article 1365 of the Civil Code, with the responsibility for compensation being borne by parents or guardians based on Article 1367 of the Civil Code. Schools can also be held accountable if they are proven to be negligent in supervising and handling bullying cases, in line with the legal obligations stipulated in Law Number 20 of 2003 concerning the National Education System as well as Minister of Education and Culture Regulation Number 82 of 2015 and Minister of Education and Culture Regulation Number 46 of 2023 concerning the Prevention and Handling of Violence in Educational Units. Compensation can take the form of compensation and restitution in criminal law, as well as material and immaterial damages in civil law. Therefore, resolving bullying cases must balance the interests of rehabilitating the perpetrator, restoring the victim's rights, and the educational institution's responsibility to create a safe learning environment.