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<sec id="introduction">
  <title>INTRODUCTION​</title>
  <p>Civilization in the digital world that continues to evolve has
  resulted in consequences for the growth in the number of internet
  users, including minors. According to the report of the Central
  Statistics Agency for the period 2020-2023, the percentage of children
  in Indonesia who have used cellphones is 36.99%, of which 25.9% are
  open to gaining access to the internet. [1] The data shows that the
  majority of children in Indonesia use the internet to facilitate their
  activities. However, what happens if the use of the internet is used
  for inappropriate things and backfires on the child himself.</p>
  <p>Openness in accessing the internet allows various levels of society
  to be given the same opportunity for it. [2] This phenomenon allows
  internet users to freely utilize the features in it, including to
  communicate with minors. Family support for children's activities on
  social media is indeed a demand that cannot be ignored. Many social
  media platforms do not require their users to reveal their real
  identities. By relying on anonymity and the absence of parental
  figures in the digital space, it has unknowingly opened up
  opportunities for sexual predators to lead children into
  electronic-based sexual violence.</p>
  <p>The Ministry of Women's Empowerment and Child Protection (Kemen
  PPPA) has introduced several types of Electronic-Based Sexual Violence
  (KSBE), one of which is cyber grooming. Indonesia itself does not yet
  have a specific regulation that can define cyber grooming. However, if
  we look at the definition given by the Kemen PPPA, cyber grooming can
  be interpreted as sexual violence committed by adults against children
  under the age of 18 using a gradual psychological manipulation method
  to make the child feel comfortable so that it can be escalated into
  sexual relations either directly or facilitated by cyber media.
  [3]</p>
  <p>This definition contributed by the Ministry of PPPA is expected to
  correct misconceptions in society in interpreting grooming. A common
  mistake when interpreting this type of crime is assuming that the main
  problem lies in the age gap between the parties in the relationship.
  In fact, the concern here is the involvement of minors in the
  relationship. This means that what needs to be emphasized in grooming
  is not how far the age gap is between the parties in the relationship
  but whether or not there is someone who falls into the minor category
  in the relationship.</p>
  <p>The prohibition called for adults to build connectivity with minors
  is unquestionable. The mental readiness and rationality of children
  that have not been fully formed make them not fully aware of the
  consequences of the relationship they are in. This certainly increases
  the opportunity for adults to play with the child's psychology because
  they have greater control in the relationship. Even though this
  relationship is carried out on the basis of mutual consent, it is
  questionable whether the more mature thinking and significant age gap
  of adults have influenced the decisions made by the child.</p>
  <p>The increasingly widespread crime of grooming is also caused by the
  skill of groomers (groomers) in determining their targets. The biggest
  factor considered by groomers in choosing their victims is the
  physical attractiveness of the child. [4] This factor is usually
  adjusted to existing beauty standards or the groomer's personal
  preferences. The next factor that groomers consider is the child's
  freedom to access social media. Children who are not restricted by
  their parents in using the internet make it easier for them to access
  any content and communicate with anyone, thus facilitating the
  groomer's efforts to contact the child. [5]</p>
  <p>Another consideration for groomers in choosing their victims is the
  level of vulnerability of the child. Basically, children are
  classified as a vulnerable group because they have a high level of
  dependence on others to meet their living needs. Groomers' efforts to
  measure how vulnerable a child is are usually done through online
  communication or through findings obtained from the habit of sharing
  personal information on social media. This is because people often
  forget that using the internet connects them to each other, including
  sexual predators.</p>
  <p>Through online communication, groomers can find out what the
  child's needs are so they can identify the most effective way to fill
  the gap. Groomers can play their role as a figure who can be relied on
  to meet the child's needs for a role that has never been obtained
  before. This kind of tactic has been proven effective in confusing the
  child's judgment in making decisions that will ultimately benefit the
  groomer's personal interests. When the child is emotionally attached,
  the groomer can begin to arouse their curiosity about sexual matters
  that he slips into their conversations. [6]</p>
  <p>At this point the groomer will start to persuade the child to send
  personal photos or invite them to meet in person. Children who are
  already dependent on the groomer will consider these requests as a way
  to perpetuate their relationship. Children who are victims of grooming
  will most likely never reveal the events they experienced because of
  the fear of abandonment that has been instilled by the groomer since
  the relationship began. This happens because the child's environment
  has been reorganized in such a way as to make it easier for the
  groomer to carry out sexual violence while minimizing rejection from
  the child. Although the pattern of grooming is not always the same,
  the series of events above can provide an illustration in
  understanding how the concept of grooming can occur. [7]</p>
  <p>The digitalization process that is increasingly being called for
  but not accompanied by firm steps from the government in combating
  electronic-based sexual violence has shaken the value of legal
  certainty in society. Therefore, this study will thoroughly examine
  the urgency of criminalizing cyber grooming while formulating a more
  adequate legal construction to overcome the latest form of sexual
  crime.</p>
</sec>
<sec id="method">
  <title>METHOD</title>
  <p>In compiling this scientific article, the research method chosen is
  the normative research method using a comparative approach to
  determine the legal framework governing cyber grooming in Indonesia
  and other countries. The data sources used include primary legal
  materials that are binding such as laws and regulations. In addition
  to primary legal materials, there are also secondary legal materials
  used to explain primary legal materials such as scientific articles,
  internet materials, theories and expert opinions, and other scientific
  writings.</p>
</sec>
<sec id="discussion">
  <title>DISCUSSION</title>
  <sec id="a.-use-of-grooming-mode-in-online-prostitution-crimes-and-availability-of-regulations-in-indonesia">
    <title>A. Use of <italic>Grooming</italic> Mode in
    <italic>Online</italic> Prostitution Crimes and Availability of
    Regulations in Indonesia</title>
    <p>Nowadays, the technological revolution has offered many benefits
    in various areas of life while simultaneously bringing threats of
    losses that can harm the welfare of society. One of the negative
    impacts brought by the growth of technology is the increasingly
    varied use of grooming methods in sexual crimes. The use of grooming
    methods is widely implemented when recruiting minors to work in
    online prostitution networks. Online child prostitution can be
    interpreted as the offering of sexual services with the provision of
    compensation in the form of money or other forms that utilize
    children as workers through online media.</p>
    <p>Prostitution crimes targeting minors are indeed closely related
    to the grooming mode. This is because, in prostitution pimps often
    use psychological manipulation tactics to facilitate sexual activity
    with children. This study will analyze one case of online
    prostitution that uses the grooming mode in its implementation. This
    case occurred in Purwokerto where it was carried out by someone with
    the initials RW. RW is a pimp who provides child sexual services by
    utilizing Facebook social media as a means of promotion. The form of
    promotion carried out by RW is in the form of providing a link to
    make an order for sexual services.</p>
    <p>This case began when a girl with the initials ES saw a job
    vacancy on RW's Facebook social media platform. ES, who was
    interested, then contacted RW and continued the conversation via
    WhatsApp. RW explained to ES that the job he was offering was an
    Open BO with a part-time work system. After initial communication
    via WhatsApp, RW scheduled a meeting with ES at an inn in Banyumas
    Regency. During the meeting, ES was accompanied by her friend with
    the initials MN. Before meeting with RW, ES had explained to MN that
    the purpose of this meeting was to conduct an interview as a
    prospective worker providing sexual services.</p>
    <p>Upon arrival at the location, RW welcomed ES and MN while
    explaining the work system and wage distribution mechanism for the
    job. ES, who accepted various provisions from RW, was given an
    additional requirement to have sex with RW first as a pretext to
    prepare her before giving it to the customer. That day, MN only came
    along to accompany ES. Ten days later, ES, who was still accompanied
    by MN, met RW again at the same location to do her job. After ES was
    moved to the room to serve the customer, MN waited with RW.</p>
    <p>At this time, RW began to approach MN by inviting her to talk and
    persuade her to work as a provider of sexual services by offering
    high pay and other supporting facilities. As a result of the
    persuasion launched by RW, MN finally agreed to work for Open BO and
    was given the same conditions as ES, namely having sexual relations
    with RW first. As a result of his actions, RW was sentenced to 3
    (three) years in prison and a fine of Rp. 10,000,000 based on the
    ITE Law.</p>
    <p>Based on the description above, it is revealed that the grooming
    mode does affect the success of pimps in ensnaring children into
    online prostitution schemes. The grooming mode in the case above is
    divided into several stages. The first stage begins with the
    publication of sexual content. This stage was carried out by RW by
    uploading Open BO job vacancies on his social media. RW admitted
    that he did target minors for prostitution by using persuasion,
    trickery, and the lure of additional money. RW also tends to
    prioritize offering minors to his clients. In fact, prostitution has
    been categorized as the worst type of work for children. RW's
    actions were driven by the concept of supply and demand, namely to
    meet the high demand for sexual services performed by children.
    [8]</p>
    <p>The second stage is the initiation of physical contact. Although
    in this case ES took the initiative to contact RW through his social
    media, RW who responded to this and continued the conversation to
    engage in sexual activity can still be classified as a series of
    grooming acts. The third stage is scheduling a meeting. RW's actions
    in arranging a meeting with the child to engage in sexual activity
    either with himself or with others are a form of grooming. Even
    though this act was based on mutual consent, ES and MN did not yet
    have the age of consent to provide legal consent, especially for
    commercialized sexual activity.</p>
    <p>The fourth stage is building relationships and risk assessment.
    In their statements, ES and MN explained that the reason they worked
    as sexual service providers was the financial pressure on their
    families. MN then told RW about this condition so that he could
    pretend to provide emotional support for the problems faced by the
    victim while measuring how easy it was to direct them to get
    involved in <italic>online prostitution</italic> .</p>
    <p>The final stage is the element of seduction or persuasion. Both
    of these elements are clearly visible in RW's efforts to insist on
    getting MN to agree to work as a provider of sexual services in
    order to cover her family's economic shortcomings. Therefore, it can
    be concluded that the grooming mode was successfully integrated in
    this case. It is important to emphasize that not all grooming cases
    will meet all of these stages completely and sequentially. In
    several other cases, it was found that groomers could skip one or
    more stages at once to still achieve their final goal, namely
    engaging in sexual activity with children. [9]</p>
    <p>The implementation of Law Number 1 of 2024 concerning the Second
    Amendment to Law Number 11 of 2008 concerning Information and
    Electronic Transactions is the main basis for trying cyber grooming
    crimes. In fact, the article in the ITE Law is considered less
    appropriate for handling this type of cyber grooming crime because
    it focuses more on violations of morality which are relatively minor
    compared to serious violations of psychological manipulation of
    children. This is proven by the verdict handed down to RW which only
    focused on the act of providing links for the promotion of
    prostitution and did not look at the violations of child rights
    protection that occurred in this case. [10]</p>
    <p>In fact, the ITE Law itself has offered more capable legal
    protection to trap perpetrators of child exploitation crimes in
    cases that occur in the electronic sphere. This provision can be
    found in Article 52 paragraph (1) of the ITE Law which stipulates
    that perpetrators of crimes targeting minors can be given a 1/3
    increase in the principal penalty. However, it is very unfortunate
    that this provision is not applied to criminalize RW's actions.</p>
    <p>In addition to the ITE Law, the presence of Law Number 12 of 2022
    concerning Criminal Acts of Sexual Violence has brought new
    breakthroughs in dealing with the development of sexual crimes in a
    more comprehensive manner. Groomers often argue that their actions
    were carried out on the basis of &quot;mutual consent&quot;. In
    fact, this concept can only be accepted if all parties involved in
    the relationship have the capability to give consent to sexual
    activity. Therefore, the TPKS Law emphasizes that the consent given
    by child victims of KSBE has no legal value so that this argument
    cannot eliminate the criminal charges.</p>
    <p>However, the TPKS Law still has weaknesses in that it does not
    clearly define the types of KSBE, especially cyber grooming. In
    addition, the formulation of the articles regulated in the TPKS Law
    requires that sexual activity must have occurred first in order to
    be processed criminally. This shows that the TPKS Law does not
    include anticipatory steps to prevent forms of sexual violence that
    often target minors. The forms of KSBE in the TPKS Law are still
    very limited, ranging from recording sexual content, transmitting
    sexual content, and electronic stalking or tracking for sexual
    purposes. This makes the crimes committed by RW not meet the
    formulation of the articles in the TPKS Law.</p>
    <p>Another weakness of the TPKS Law is the absence of a connecting
    article that requires KSBE cases to be processed based on this
    regulation. As a result, many law enforcement officers still prefer
    to use the ITE Law in handling KSBE cases because it is considered
    to have a broader scope even though they are aware that the
    formulation of the article tends to ignore the aspect of legal
    protection for vulnerable groups such as children and women.
    [11]</p>
    <p>Another regulation that is often used in dealing with cyber
    grooming is Law Number 17 of 2016 concerning the Second Amendment to
    Law Number 23 of 2002 concerning Child Protection. Grooming itself
    has begun when a relationship is carried out on the basis of
    trickery, a series of lies, or persuasion to commit or allow
    indecent acts to be committed against children according to Article
    76E of the UUPA. However, these elements are not regulated for
    criminalization without proof of sexual harassment and do not
    regulate their implementation online. This is very unfortunate
    because the UUPA is a regulation that offers the harshest sanctions
    for child sexual crimes, but because it is still limited to physical
    crimes, it cannot be applied to criminalize RW's actions.</p>
    <p>Furthermore, Article 66 of the UUPA has included a definition of
    economic exploitation which in the RW case is interpreted as
    &quot;actions with or without the child's consent including but not
    limited to prostitution&quot;. The phrase with or without consent
    here indicates that even though the child gives acceptance to commit
    prostitution, the act is still included in the type of economic
    exploitation that can be punished. The groomers cannot deny that the
    child was the first to contact them to commit prostitution, because
    in the process the pimp still makes enticements as a representation
    of the grooming aspect in the case.</p>
    <p>The RW case above is just a small excerpt from the many cyber
    grooming cases in Indonesia. The lack of regulation has left law
    enforcement officers overwhelmed in containing cybercrime. The RW
    case proves that grooming cannot be equated with sexual harassment,
    but rather leads to psychological manipulation processes that result
    in sexual harassment of children. There needs to be regulation that
    focuses on prevention and early detection scenarios to combat cyber
    grooming. Therefore, it is urgent for the government to formulate a
    cyber grooming legal construction by adopting provisions in other
    countries that are seen as having successfully combated
    electronic-based sexual violence more ideally. [6]</p>
  </sec>
</sec>
<sec id="b.-comparison-of-legal-construction-of-cyber-grooming-crimes-in-malaysia-singapore-australia-and-canada-in-order-to-create-legal-certainty-in-indonesia">
  <title>B. Comparison of Legal Construction of <italic>Cyber
  Grooming</italic> Crimes in Malaysia, Singapore, Australia, and Canada
  In Order to Create Legal Certainty in Indonesia</title>
  <p>Indonesia has declared itself as a country of law as stipulated in
  the 1945 Constitution. This has consequences for the state to preserve
  the welfare of its citizens through regulations that guarantee legal
  certainty. The principle of legal certainty itself refers to the
  validity of clear laws and is not interfered with by subjective
  matters. Basically, every legal rule that is formulated through human
  thought must have shortcomings. This statement is proven by the many
  legal gaps that have been identified in cyber grooming regulations in
  Indonesia. Therefore, there needs to be a reform of legal construction
  by criminalizing cyber grooming as a crime separate from sexual
  harassment. [12]</p>
  <p>In the formation of cyber grooming legal construction, Indonesia
  should learn from the experiences of other countries that have already
  regulated this act as a separate crime. Several countries in the Asian
  region that have criminalized cyber grooming as a separate crime
  include Malaysia, Singapore, the Philippines, South Korea and Brunei.
  Meanwhile, outside Asia, countries such as England, Australia, Spain,
  and even the United States have also equipped their legal instruments
  with cyber grooming regulations. [13] Therefore, an analysis will be
  carried out on each regulation to provide a contribution of thought in
  the formation of cyber grooming legal construction in Indonesia.</p>
  <p>Malaysia</p>
  <p>The Malaysian government has established the Sexual Offences
  Against Children Act 2017 which regulates various forms of sexual
  violence comprehensively. The law has the same age limit for children
  as Indonesia, which is 18 years. The criminalization of cyber grooming
  through the Sexual Offences Against Children Act, specifically in
  Chapter 3 concerning offences relating to child grooming, separates
  the act of grooming into three stages, namely communicating sexually
  with children, grooming children, and arranging meetings with
  children. This separation aims to make grooming criminally punishable
  at any stage. Article 11 paragraph (1) explains that adults who
  communicate with children sexually in any way are threatened with a
  maximum prison sentence of three years. The phrase in any way here
  covers electronic communication which is indeed often found in
  grooming cases. Next, Article 11 paragraph (2) defines sexual
  communication as communication that alludes to sexual activities and
  for everyone is considered sexual communication. This article can be a
  guideline for the court in interpreting the sexual elements in the
  groomer's actions when contacting his victim. This article can also be
  used to deter groomers from contacting children via electronic media
  for sexual purposes because their actions can be criminalized even
  before direct harassment occurs.</p>
  <p>Article 12 states that anyone who communicates with a child through
  social media and disguises their identity to produce pornographic
  material is subject to a maximum prison sentence of five years and
  caning. This means that the actions of adults who prepare children to
  be sexually exploited through cyber media are considered a criminal
  act of grooming. The last part of Chapter 3, namely Article 13, states
  that anyone who, after communicating with a child, travels for sexual
  purposes is subject to a maximum prison sentence of ten years and
  caning. This article is intended to prevent groomers from trying to
  make direct contact with their victims for sexual purposes.</p>
  <p>The specialty of this regulation is that many articles provide
  illustrations to be used as a reference in determining whether an act
  is a form of cyber grooming or not. This regulation also regulates the
  presumption of age in Article 20 which explains that a groomer's error
  in estimating the victim's age does not justify the crime committed.
  Although this regulation does not clearly define grooming, a number of
  articles in it are considered sufficient to interpret what is meant by
  grooming. Many studies claim that the presence of this regulation has
  contributed fully to handling cyber grooming crimes in Malaysia. Thus,
  several of the formulations of the articles above can be used as
  considerations in taking firm action against cyber grooming crimes in
  Indonesia. [14]</p>
  <p>Singapore</p>
  <p>Moving to Singapore, this country also regulates cyber grooming
  through the Penal Code 1871 which has been amended in the Criminal Law
  Reform Act 2019. Article 376EA on Exploitative sexual grooming of
  minors of or above 16 but below 18 years of age states that there are
  five elements of grooming. First, there must be someone aged 18 years
  or older who communicates or meets the child at least once. The reason
  for making the minimum limit of interaction between the groomer and
  the victim once is because explicit sexual interaction can be
  considered as preparation for sexual activity. This element allows
  Singaporean law enforcement officers to conduct arrest operations by
  ignoring the qualification that the groomer must have met or traveled
  to meet the child. [15]</p>
  <p>Another objective considered in determining this element is
  Singapore's geographical condition as a small country that makes it
  easy for groomers to hold meetings with just one interaction via cyber
  media. Apart from that, this element has caused controversy because
  the age limit of 18 years is considered too low to label someone as a
  sexual predator. In response to this, the author argues that many
  cases of sexual violence are also committed by someone who is still
  young. Therefore, Indonesia does not provide an age limit to be able
  to categorize someone as a perpetrator of sexual violence. Even if a
  case is found that determines a child as a suspect, the difference
  lies only in the use of the juvenile justice mechanism. [15]</p>
  <p>The second element is the perpetrator's act of intentionally
  meeting or traveling to commit prostitution, rape, and other forms of
  sexual violence. This article proves that the crime of prostitution is
  often associated with the grooming method. The third element is that
  there is a victim who is 16 years old but under 18 years old. The
  purpose of this element is to provide legal certainty for victims who
  are above the age category of Singaporean children but still under the
  age limit for someone to become a groomer.</p>
  <p>The fourth element is related to Mistake as to age in sexual
  offences. Misunderstanding the victim's age is often a defense for the
  parties in court. If the groomer still holds fast to his argument that
  the victim was 18 years of age or older when the act was committed,
  then evidence that the child participated in adult activities such as
  smoking and so on is not enough to be a benchmark in verifying the
  child's age. The existence of this article shows that Singapore Law
  was drafted with consideration of effective tactics that can be used
  to counter the groomer's common alibi to get away with their
  crimes.</p>
  <p>The fifth element is the existence of an exploitative relationship.
  The meaning of an exploitative relationship can be found in Article
  377CA which sets out four aspects as its benchmark, namely how young
  the victim is, how far the age difference is between the groomer and
  the victim, what the nature of the relationship between the two is,
  and how much control the groomer has over the victim. If these four
  elements are cumulatively fulfilled, the act is punishable by a
  maximum of 3 years in prison and/or a fine. Through the above
  regulatory dissection, it is hoped that it can be an inspiration for
  Indonesia in developing a comprehensive cyber grooming legal
  construction.</p>
  <p>Australia</p>
  <p>Australia is a country that has several administrative regions in
  the form of states where each state has regulations that criminalize
  cyber grooming. This study will focus on the regulations owned by the
  Australian Capital Territory as the place for the Australian capital,
  Canberra. Cyber grooming provisions can be seen in the Crimes Act 1900
  which has been amended through the Sexual Procurement or Grooming of
  Children Act 2007 Article 66EB concerning Procuring or grooming child
  under 16 for unlawful sexual activity. The first element contained in
  this article is the presence of adults aged 18 years or older. These
  adults will later be placed as the perpetrators of grooming because
  they are considered mature enough to understand the consequences of
  their actions. [16]</p>
  <p>The second element is that there are victims under the age of 16.
  Unfortunately, this phrase has resulted in the lack of legal certainty
  for children aged between 16 and under 18. This problem has been
  included in the report of the law reform commission in one of the
  Australian states for further study. The third element is conduct,
  which in this regulation includes communicating online using
  telephones, the internet, or other means. This means that this
  regulation has exceeded the limits of the application of the Sexual
  Violence Act, which is limited to physical crimes. The fourth element
  is unlawful sexual activity. This element emphasizes that grooming is
  intended to prepare children to engage in illicit sexual activity.</p>
  <p>After understanding the elements in Article 66EB, it should be
  noted that this article also includes two acts at once, namely
  procuring children (persuading children) and grooming children
  (manipulating children). The act of procuring children is said to be
  fulfilled if there is an adult who intentionally persuades a child to
  engage in sexual activity either with himself or another person. This
  act is punishable by 15 years in prison if the victim is under 14
  years old and 12 years in prison for other cases. On the other hand,
  the act of grooming children is said to be fulfilled if there is an
  adult who exposes children to watch indecent content in order to make
  it easier for them to engage in sexual activity either with themselves
  or another person, threatened with 14 years in prison if the victim is
  under 14 years old and 10 years in prison for other cases.</p>
  <p>The apparent attraction in this article is that there is no minimum
  number of communications that must be met to drag the groomer to
  court. So it can be interpreted that one communication is enough as a
  basis for Australian law enforcement to arrest the groomers. This
  article also explains that unlawful sexual activity only needs to be
  proven to the extent that the victim has been or will be prepared for
  sexual activity. This evidentiary mechanism has unknowingly simplified
  the performance of the competent authorities which was never felt when
  preparing the evidentiary agenda in previous conventional sexual
  violence cases. Therefore, this Law should be a reference for
  Indonesia which considers grooming as a crime that deserves a high
  criminal penalty and offers a more effective evidentiary
  mechanism.</p>
  <p>Canada</p>
  <p>Canada has regulated the use of telecommunications to facilitate
  sexual violence with children as a criminal offense through the Canada
  Criminal Code 1985 Part V concerning Sexual Offences, Public Morals,
  and Disorderly Conduct in Article 172.1 concerning Luring a Child
  (luring a child). The terminology chosen by Canada automatically
  provides a broader definition so that it can increase the flexibility
  of law enforcement officers in prosecuting this type of crime.
  However, this good faith from Canada has actually given rise to new
  problems regarding the inconsistency in mentioning the crime of online
  communication with children for sexual purposes. This is the same as
  distancing the international ideal of eliminating the gap in cyber
  grooming regulations across countries. [17]</p>
  <p>Continuing the discussion on cyber grooming, Article 172.1 has a
  slight difference with articles in other countries. Canadian law
  criminalizes online communication for sexual activity with varying age
  limits for victims depending on the type of sexual crime related to
  that age. Article 172.1 paragraph (1) letter a criminalizes anyone who
  uses telecommunications equipment on a child under 18 years of age to
  facilitate acts, such as:</p>
  <p>Article 153 paragraph (1) (sexual exploitation)</p>
  <p>Article 155 (incestuous sexual relations)</p>
  <p>Article 163 paragraph (1) (distribution of pornographic
  content)</p>
  <p>Article 170 (parents who facilitate children's sexual
  activities)</p>
  <p>Article 171 (homeowner who permits child sexual activity)</p>
  <p>Article 279.01 paragraph (1) (human trafficking)</p>
  <p>Article 279.02 paragraph (2) (child trafficking for commercial
  purposes)</p>
  <p>Article 286.1 paragraph (2) (obtaining sexual services from
  children)</p>
  <p>Article 286.2 paragraph (2) (obtaining financial benefits from
  sexual services from children)</p>
  <p>Article 286.3 paragraph (2) (provision of sexual services)</p>
  <p>Furthermore, Article 172.1 paragraph (1) letter b criminalizes
  anyone who facilitates sexual activity with children under 16 years of
  age to engage in a form of crime, such as:</p>
  <p>Article 151 (physical and non-physical sexual relations)</p>
  <p>Article 152 (inciting children to engage in sexual activity)</p>
  <p>Article 160 paragraph (3) (having sexual relations with animals in
  front of children)</p>
  <p>Article 173 paragraph (2) (exposing genitals to children)</p>
  <p>Article 271 (sexual violence)</p>
  <p>Article 272 (sexual assault using a weapon)</p>
  <p>Article 273 (sexual violence resulting in serious injury)</p>
  <p>Article 280 (kidnapping of minors)</p>
  <p>Still with the same act, in Article 172.1 paragraph (1) letter c,
  punishes anyone who facilitates the act regulated in Article 281
  (kidnapping of minors) with children under the age of 14 years. All
  acts in the article are subject to a maximum prison sentence of 1
  year. The existence of different age limits that separate forms of
  sexual crimes according to their respective age categories makes this
  regulation have a unique characteristic that is not possessed by other
  countries. However, this certainly has consequences for the emergence
  of questions about the age of consent possessed by children in
  Canada.</p>
  <p>In response to this question, the Canadian government stated that
  the age of consent for children in their country is 16 years. [18]
  However, Canadian law still includes children under the age of 18 in
  Article 172.1 paragraph (1) to protect them from certain crime
  scenarios that are prone to ensnaring children of that age. Not only
  children aged 16 years, according to Article 150.1 paragraph (2.1)
  children aged 14 and 15 years also have the age of consent if their
  partner is not 5 years older than them and is not in a relationship of
  trust, authority, dependency, or exploitation of the child.</p>
  <p>Article 150.1 paragraph (2) also explains that children aged 12 and
  13 years can agree to sexual activity if their partner is not 2 years
  older than them and is not in the same relationship conditions as
  Article 150.1 paragraph (2.1). However, according to the author, this
  provision cannot be adopted in formulating the construction of cyber
  grooming law in Indonesia because it is contrary to religious values
  and socio-cultural norms in society which tend to be conservative and
  it is feared that it can cause confusion regarding the age of consent
  of children in Indonesia.</p>
  <p>After exploring various laws and regulations in other countries,
  there are a number of indicators that need to be considered in
  designing the construction of cyber grooming law in Indonesia. The
  term cyber grooming which is still unfamiliar to the public requires a
  standardization of meaning first for the term and includes a detailed
  description of other phrases that are often used in the scope of this
  crime. The construction of cyber grooming law also needs to include
  provisions regarding mistake of age considering that groomers'
  mistakes in guessing the age of their victims have repeatedly become a
  reason for defense during the evidence process in Court.</p>
  <p>It is also necessary to make efforts to increase the principal
  penalty for convicts if it is proven to have been committed by a close
  relative of the victim. There should be no misperception that grooming
  can only be done by people who have no personal relationship with the
  victim. If this perception has already been embedded in the mindset of
  the community, it is feared that it can reduce their level of
  sensitivity so that it normalizes deviant acts that actually lead
  children to sexual violence. In addition, there needs to be
  collaboration between the state and various social media platforms to
  limit the use of digital communication platforms for perpetrators of
  sexual crimes in order to prevent similar crimes in the future.</p>
  <p>After the formulation of the cyber grooming legal construction
  reaches the final line, of course other challenges will await in the
  implementation process. The process of shifting online interactions to
  relatively short face-to-face meetings requires law enforcement
  officers to act quickly in intervening in physical contact efforts
  made by groomers. Therefore, efforts to intervene by authorized
  officers must be supported by the active role of parents in collecting
  electronic evidence such as screenshots of conversation history which
  are useful as initial evidence to secure the perpetrators. Later, this
  electronic evidence can also be used as a strong basis for evidence in
  court.</p>
  <p>The ongoing cases of cyber grooming in Indonesia indicate the need
  for special expertise in handling this type of crime. Therefore,
  Lemdiklat Polri and the United Nations for Development Programme
  (UNDP) Indonesia together with the Korean National Police Agency
  (KNPA) and the UNDP Seoul Policy Center (USPC) have taken proactive
  steps by issuing a KSBE training module to create a more responsive
  law enforcement environment. Seeing that the training module has been
  prepared by the police, this certainly urges the legislative
  institution to immediately initiate the formation of a cyber grooming
  legal construction so that it can be applied throughout the justice
  system including the police, prosecutors, courts, and correctional
  institutions to create legal certainty in Indonesia.</p>
</sec>
<sec id="conclusion">
  <title>CONCLUSION</title>
  <p>The emergence of cyber grooming crimes has threatened the safety of
  children while they are active on social media. The absence of legal
  instruments in Indonesia related to this type of crime has also caused
  confusion among law enforcement officers in keeping up with the
  development of crime modes that are only mastered by the perpetrators.
  Therefore, it should be a priority for Indonesia to accelerate the
  formation of cyber grooming legal construction based on comparative
  studies in Malaysia, Singapore, Australia, and Canada which have
  already criminalized the act. These various considerations are
  expected to be a serious consideration for the Indonesian Government
  in order to create a social media environment that is free from sexual
  predators. The active role of parents in monitoring children's
  relationships on social media is crucial in overcoming cyber grooming.
  Parents can provide an understanding to their children not to
  romanticize unnatural relationships with adults. Parents can get their
  children used to always being open in order to anticipate their
  involvement in illicit sexual activities. Through these methods, it is
  hoped that it can reduce the level of sensitivity of children to being
  exposed to cyber grooming crimes which are supported by the
  government's mature plan in initiating more qualified legal policies
  to create legal certainty in Indonesia.</p>
</sec>
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