Construction of Criminal Responsibility in Social Media-Based Child Exploitation Crimes in Indonesia

Abstract

The evolution of social media has fostered new forms of child engagement in the digital sphere including content creation, live streaming, and monetization activities which, under certain circumstances, can escalate into the exploitation of children for economic gain. This research examines the legal framework and the parameters of criminal offenses regarding social media-based child exploitation within the Indonesian criminal justice system, as well as the construction of criminal liability for perpetrators, analyzed through the lenses of culpability, digital economic motives, and the perpetrator's role. The study employs a normative-juridical method utilizing statutory, conceptual, and case-based approaches, drawing upon an analysis of legislation, legal doctrine, academic literature, and court rulings. The findings indicate that social media-based child exploitation falls within the scope of the Child Protection Law, the ITE Law, the National Criminal Code, and Government Regulation No. 17 of 2025, although an adaptive interpretation is required to address evolving digital. Criminal liability is predicated on culpability, intent, economic motives, and the perpetrator's contribution, substantiated through electronic evidence.