This study examines the legal protection of the
confidentiality of statements made by children in conflict with the law during
electronic court proceedings. Although this protection is regulated under Law
Number 11 of 2012 concerning the Juvenile Criminal Justice System (JCJS Law)
and Law Number 27 of 2022 on Personal Data Protection (PDP Law), in practice,
it does not yet fully guarantee the security and confidentiality of children's
data in the digital era. Electronic trials utilizing information technology
remain vulnerable to data breaches, misuse of recordings, and limited digital
literacy among law enforcement officials.
This research adopts a qualitative approach using a
non-doctrinal legal research method within a constructivist paradigm. Data were
collected through in-depth interviews with judges, legal scholars, and child
protection advocates, supported by literature reviews of relevant laws and
court decisions. The analysis was carried out using inductive-deductive
reasoning through qualitative data reduction, presentation, and conclusion
drawing.
The findings reveal that the current legal
protection system for children's testimony in electronic trials suffers from
weaknesses in three core areas: legal substance, due to unresponsive regulatory
frameworks; legal structure, owing to inadequate infrastructure and human
resources; and legal culture, which lacks commitment to confidentiality
principles and digital ethics. These three dimensions reinforce one another in
shaping legal practices that fall short of fully safeguarding children.
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