Legal Responsibility of Minors in Online Fraud Cases: Between Justice and Child Protection in Indonesia

ABSTRACT : The rapid development of digital technology has facilitated the emergence of new forms of cybercrime, including online fraud. Alarmingly, such offenses are not only committed by adults but also increasingly involve minors. This study examines the legal liability of children as perpetrators of online fraud within the framework of the Indonesian juvenile justice system. The research uses a normative juridical method to analyze relevant legal instruments, particularly Law No. 11 of 2012 on the Juvenile Criminal Justice System and the amendments to the Electronic Information and Transactions (ITE) Law. The findings reveal that criminal responsibility for child offenders must differ from that of adults due to the child’s psychological, emotional, and social development stages. Children are categorized into three age groups regarding criminal liability: under eight years old (not subject to criminal process), eight to twelve years old (prosecutable but not punishable), and above twelve years old (subject to both prosecution and criminal sanctions, but prioritizing restorative justice). The study also identifies key contributing factors to juvenile online fraud, including peer influence, environmental conditions, and socio-cultural background. It concludes that restorative justice should be prioritized in handling children who commit online fraud to facilitate rehabilitation and prevent recidivism. This approach is consistent with the objectives of juvenile justice, which emphasize education and reintegration rather than punishment. Strengthening legal frameworks and promoting community involvement are essential strategies to reduce the incidence of cybercrime involving minors.

KEYWORDS: children, online fraud, legal liability, restorative justice, juvenile criminal justice system