Analisis Hukum Penerapan Restorative Justice Pasal 39 Permendikbudristek Nomor 46 Tahun 2023 Terhadap Cyberbullying Di Lingkungan Sekolah

Abstract

The increasing phenomenon of bullying, particularly in the form of cyberbullying through digital platforms and social media, has had serious negative impacts on the physical, psychological, and social development of children as victims. To date, the practice of resolving bullying cases in schools has tended to use a repressive approach oriented towards punishment or revenge. This approach is considered incapable of fully guaranteeing legal protection and restoring the rights of child victims. Therefore, the implementation of restorative justice, as stipulated in Article 39 of the Minister of Education, Culture, Research, and Technology Regulation Number 46 of 2023, is seen as a progressive and more humane step. This approach emphasizes the restoration of social relationships, the responsibility of perpetrators, and the fulfillment of victims' rights. This study aims to analyze the mechanism of implementing restorative justice in handling cyberbullying cases in schools, with a focus on how this policy can guarantee legal protection for victims while providing a just resolution for all parties. The research method used is normative juridical with a statutory and conceptual approach.  The research findings indicate that while this policy has significant potential in combating cyberbullying, challenges include a lack of understanding among schools, a lack of technical regulations, and resistance from those who still prioritize a retributive approach. In conclusion, the implementation of restorative justice, as stipulated in Article 39 of the Minister of Education, Culture, Research, and Technology Regulation No. 46 of 2023, can be effective if supported by strengthened regulations, outreach, and collaboration among all parties to ensure legal protection and restore the rights of child victims of cyberbullying.