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Putri Rut Sri Jaya Lubis; Putri Dwi Rahmadani; Izumi Bernadetta Gultom

Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA 2026 Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

This study analyzes the juridical transformation of freedom of expression after the enactment of Law Number 1 of 2024 as the second revision of the Electronic Information and Transaction Law (ITE Law). The main focus of the research is the reconstruction of defamation offenses from Article 27 paragraph (3) to Article 27A, as well as its implications for constitutional guarantees in Article 28E paragraph (3) of the 1945 Constitution. The method used is normative juridical with legislative, conceptual, and case approaches. The case study of the case of Haris Azhar and Fatia Maulidiyanti is used as a limited empirical analysis. The results of the study show that even though Law No. 1 of 2024 has narrowed insults to absolute complaints, the formulation of norms that are still multi-interpreted, especially in the phrase "attacking honor", still has the potential to threaten freedom of expression and create a chilling effect in the digital space. In addition, the lack of clear parameters regarding public criticism and personal insults creates legal uncertainty. Therefore, consistent interpretation guidelines and harmonization with human rights principles are needed so that the protection of citizens' constitutional rights is guaranteed.

Mulianto Mulianto; Stevanus Alpha; Ipan Morris Panggaribuan

REDOMINATE : Jurnal Teologi dan Pendidikan Agama Kristiani 2026 Sekolah Tinggi Teologia Kerusso Indonesia

The development of information technology and the use of social media have increased the potential for defamation against various institutions, including educational institutions. The reputation of schools or educational institutions is an important social asset because it is directly related to public trust, institutional credibility, and the continuity of the educational process. However, the Indonesian legal system still places greater emphasis on protecting individual reputation than institutional reputation, creating a need to reexamine the legal position of educational institutions in responding to attacks on their good name. This study aims to analyze legal protection for the reputation of educational institutions within the Indonesian legal system and to formulate a more comprehensive reconstruction of legal protection that is relevant to the development of digital spaces. This research uses a normative legal method with statutory and conceptual approaches. Data sources consist of primary legal materials, including Law Number 1 of 2023 concerning the Criminal Code and the Electronic Information and Transactions Law, as well as secondary legal materials in the form of legal literature and educational theory. The results show that defamation provisions in the Criminal Code and the ITE Law have not explicitly provided adequate protection for the reputation of educational institutions. Therefore, legal protection reconstruction is needed through affirming educational institutions as legal subjects whose reputation deserves protection, strengthening reputation recovery mechanisms, and integrating educational ethics perspectives into legal regulation.

Ni Komang Githa Chandra Dew; Komang Febrinayanti Dantes; Ni Ketut Sari Adnyani

Desentralisasi : Jurnal Hukum, Kebijakan Publik, dan Pemerintahan 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study aimsmto examineiin depthvthe perspective of information technology law and human rights on the phenomenon of political buzzers on social media within the context of digital development in the era of globalization. This research is motivated by the rapid advancement of information technology, which has brought significant changes in various aspects of society, including the political sphere that increasingly utilizes social media as a means of communication and information dissemination. The phenomenon of political buzzers has become a controversial issue, particularly during election periods, as it is often associated with the spread of inaccurate information, defamation, hate speech, and the manipulation of public opinion that may harm society and disrupt social stability. This study employs a normative legal research method using statutory and conceptual approaches. The results indicate that political buzzers generally operate under the justification of freedom of expression as part of human rights. However, such freedom is not absolute and must be limited to prevent violations of others' rights and to maintain public order. In this regard, information technology law in Indonesia, particularly through regulations governing digital activities, plays an important role in controlling deviant buzzer practices. Nevertheless, the absence of specific regulations explicitly governing political buzzers has resulted in less optimal law enforcement. Therefore, strengthening regulations and increasing public awareness in the wise use of social media are necessary to create a healthy, responsible, and sustainable digital ecosystem.

Wilma Silalahi; Fitri Natasha Dachi

Jurnal Ilmu Hukum Sosial dan Humaniora 2026 Lembaga Pengembangan Kinerja Dosen

The Constitutional Court Decision Number 105/PUU-XXII/2024 has significantly reshaped the legal construction of defamation provisions under the Electronic Information and Transactions Law (EIT Law), particularly by limiting the interpretation of the phrase “other persons” to natural persons (natuurlijk persoon) only. This study aims to analyze the implications of the decision on legal certainty as well as its impact on litigation practices and legal protection for legal entities in Indonesia. This research employs a normative juridical method using statutory and conceptual approaches. The findings indicate that the decision enhances legal certainty by clarifying previously ambiguous norms that often led to the criminalization of freedom of expression. However, the restriction of legal subjects has shifted the legal protection mechanism for legal entities from criminal to civil remedies under Article 1365 of the Civil Code. This shift poses challenges in terms of effectiveness, particularly due to more complex litigation processes and the lack of deterrent effect compared to criminal sanctions. Therefore, a balanced approach is required between protecting freedom of expression and safeguarding institutional reputation, alongside strengthening regulations and public legal awareness to achieve justice, legal certainty, and legal utility.

Laura Engellina Bri Siantur; Mutia Salsabila; Muhammad Fakar Ar-Ridho; M Sulthan Bakil Alrafif; Muhammad Fadl +1 more

Discourse on Law and Society 2026 International Forum of Researchers and Lecturers

Thei swifti advancementi ofi technologyi hasi madei iti simpleri fori individualsi toi accessi informationi viai sociali mediai platforms.i Nonetheless,i thisi cani alsoi leadi toi offenses,i includingi abusivei languagei ori expressionsi ofi animosityi towardsi othersi online.i Suchi actionsi falli underi Articlesi 310i andi 311i ofi thei Criminali Code,i whichi governi insultsi andi defamation,i alongi withi thei Informationi andi Electronici Transactionsi Lawi Numberi 11i Oct 2008.i Thisi lawi wasi revisedi toi includei Articlei 27i Paragraphi (3)i ini thei thei 2024i Informationi andi Electronici Transactionsi Law,i whichi tacklesi thei issuei ofi defamation.i Thei methodologyi appliedi ini thisi studyi isi normativei juridicali research,i emphasizingi ai legali approachi thati incorporatesi libraryi sources,i statutes,i regulations,i andi relevanti legali theoriesi andi concepts.i Thei obstaclesi ini applyingi thei lawi againsti defamationi crimesi oni sociali mediai encompassi legali issues,i technicali barriers,i andi culturali asi welli asi sociali factors.i Toi tacklei thesei obstacles,i i iti other essentiali toi enhancei thei skillsi ofi lawi enforcementi personneli andi boosti publici awarenessi abouti digitali literacy.i Thei processi ofi lawi enforcementi concerningi defamationi crimesi oni sociali mediai adheresi toi thei proceduresi outlinedi ini thei Criminali Procedurei Code,i focusingi oni electronici evidence.i Articlesi 310i andi 311i ofi thei Criminali Code,i togetheri withi Articlei 27i Paragraphi (3)i ofi thei Informationi andi Electronici Transactionsi Lawi asi amendedi ini Lawi Numberi 1i ofi 2024,i providei thei legali foundationi fori addressingi crimesi oni sociali media,i ini linei withi thei proceduresi seti forthi ini thei Criminali Procedurei Code.  

Fabrizio Richardo Marvil Wanggai; Made Sugi Hartono; Ni Putu Ega Parwati

Majelis : Jurnal Hukum Indonesia 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The rapid development of artificial intelligence technology, particularly deepfake, poses significant challenges to legal protection due to its potential misuse for identity manipulation, defamation, and other cybercrimes. This phenomenon highlights a gap between technological advancement and the readiness of legal regulations in Indonesia. This study aims to analyze forms of deepfake misuse and to assess the effectiveness of existing legal frameworks in providing legal protection and certainty. The research employs a normative legal method using statutory and conceptual approaches by examining legislation, legal doctrines, and relevant scholarly literature. The findings indicate that Indonesian positive law does not yet specifically regulate deepfake technology, resulting in law enforcement relying on general provisions of criminal law and the Electronic Information and Transactions Law. The implications of this study emphasize the urgency of regulatory reform and the formulation of adaptive legal policies to address digital technological developments in order to ensure legal protection and justice for society.

Putu Bangli Suri Artani; Ni Putu Rai Yuliartini; Dewa Gede Sudika Mangku

Konsensus : Jurnal Ilmu Pertahanan, Hukum dan Ilmu Komunikasi 2026 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

The rapid development of communication technology in the digital era has had a significant impact on people's interaction patterns. One of the important aspects in this case is its influence on communication behavior, both in social, economic, and political life. The Electronic Information and Transaction Law (UU ITE) which was passed in Indonesia in 2008, acts as a regulation to regulate the use of communication technology, especially in cyberspace, with the aim of protecting the public from misuse of technology such as defamation, fraud, and hate speech. This research aims to analyze how the influence of the ITE Law on changes in community interaction patterns in digital space, both positively and negatively. Research results show that although the ITE Law provides a clear legal framework, there are challenges in its implementation that have the potential to hinder freedom of opinion and change the way people interact online. On the other hand, this regulation also spurs the public to be more careful and responsible in communicating through digital platforms.  

Reindani Rahayu Saputri; Subyantoro Subyantoro

Bhinneka: Jurnal Bintang Pendidikan dan Bahasa 2026 Universitas Palan

This study aims to identify and analyze multimodal utterances in WhatsApp stickers that potentially contain legal implications. The approaches used in this study consist of methodological and theoretical approaches. This study employs a qualitative descriptive methodological approach, while the theoretical approach applied is forensic linguistics. The data in this study consist of WhatsApp stickers containing elements of insults, hate speech related to SARA (ethnicity, religion, race, and intergroup issues), and threats. The data were obtained from WhatsApp conversations whose owners had given consent for their use as research data. The data collection methods and techniques employed include the observation method with the basic technique of tapping and advanced techniques in the form of non-participant observation, screenshotting, and note-taking. Furthermore, the data were analyzed using the matching method and distributional method. The results show that all thirty three collected data potentially contain legal implications. Twenty data have the potential to violate Article 27A of Law Number 1 of 2024 concerning defamation or attacks on a person’s honor through electronic media. Seven data potentially violate Article 28 paragraph (2) of Law Number 1 of 2024 concerning hate speech and SARA-related content. Meanwhile, six of the data potentially violate Article 29 of Law Number 1 of 2024 concerning threats and intimidation through electronic media.

Wilona Ramadhani K; Muhammad Irwan Padli Nasution

Saturnus: Jurnal Teknologi dan Sistem Informasi 2026 Asosiasi Riset Teknik Elektro dan Informatika Indonesia

This study aims to describe users' experiences and perceptions regarding the presence of malicious comments on social media, particularly on TikTok and Instagram. Data were collected through an online questionnaire using Google Forms containing eight open-ended questions, then analyzed using a descriptive qualitative approach through thematic analysis. The results showed that all respondents had and frequently encountered malicious comments, especially on viral content or creator accounts with large followings. The most common forms of malicious comments included body shaming, insults, defamation, and belittling and demeaning comments. Respondents expressed various emotional reactions such as discomfort, sadness, anger, and pity, although a small number felt normal due to their familiarity with the phenomenon. Factors that drive someone to make malicious comments include following the crowd (FOMO), envy, personal dislike, and the ease of expressing negative opinions on social media. Malicious comments also impact user comfort, with most feeling disturbed and uncomfortable. Respondents' responses to malicious comments included ignoring, responding positively to reprimands, blocking accounts, or reporting the comments. Respondents also proposed several efforts to reduce malicious comments, such as limiting or closing the comment section and increasing education regarding social media ethics. Overall, this study confirms that malicious comments are a common phenomenon on social media and need to be addressed through better personal awareness and digital literacy.

Rahma Dinda; Rahmatul Riza; Ridwal Trisoni; Muhamad Yahya

Jurnal Budi Pekerti Agama Islam 2025 Asosiasi Riset Ilmu Pendidikan Agama dan Filsafat Indonesia

This article discusses the concept of fitnah in Islam, focusing on its definition, forms, risks, and social impacts. Fitnah, referring to false accusations, deceit, and the spreading of misleading information, can pose a serious threat to individual integrity and social balance. The study employs a qualitative descriptive approach with a literature review from classical Islamic texts, Quranic verses, the teachings of the Prophet, and the latest scholarly articles from trusted sources. The findings indicate that fitnah is a significant moral and social violation that can lead to various issues, such as conflicts, defamation, social division, and the loss of trust within society. The study also emphasizes the importance of Islamic ethical principles in preventing and addressing fitnah, especially in the digital age, where information can spread rapidly and widely. The study concludes that preventing fitnah requires an increase in public literacy, more ethical communication, and adherence to Islamic values that emphasize honesty and caution in disseminating information. These efforts are expected to reduce the negative impact of fitnah in social life and foster a more harmonious society.

Kadek Ferdian Dwi Arsa

Jurnal Hukum, Administrasi Publik dan Negara 2025 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

Consumer criticism on social media is a common form of expression used to convey dissatisfaction with products or services. However, such criticism often generates controversy, especially when it is perceived to harm the reputation of a company. Although the right to freedom of expression is guaranteed by the Consumer Protection Law, in practice, this guarantee frequently conflicts with the defamation provisions outlined in the Electronic Information and Transactions (ITE) Law. The case of "Om Polos Banget" serves as a concrete example where consumer criticism led to legal charges due to allegations of defamation. This study aims to analyze the boundaries of consumer freedom of expression on social media within the context of Indonesian legal regulations and to identify the elements of defamation that may ensnare consumers. The research utilizes a normative juridical method, focusing on the analysis of relevant laws and regulations concerning freedom of expression and defamation. The results of the study indicate that while consumers have the right to criticize, there are legal boundaries that must be observed to prevent the criticism from resulting in legal action. Therefore, clearer policies are needed to ensure a fair balance between consumer freedom of expression and corporate reputation protection, as well as the importance of consumers maintaining ethical conduct when expressing criticism on social media.

Ni Putu Yuliana Kemalasari; KMS Herman

Jurnal Hukum dan Sosial Politik 2025 International Forum of Researchers and Lecturers

The rise of online loans (commonly known as pinjol) reflects the broader transformation of conventional financial systems into digital platforms, influenced heavily by the rapid development of financial technology (fintech). While online loans offer ease and accessibility, their implementation has raised significant legal concerns—particularly relating to the violation of privacy and the rights of third parties who are not directly involved in the loan agreement. One of the main legal issues occurs during the debt collection process, where third parties—often relatives, colleagues, or acquaintances of debtors—are subjected to intimidation, unlawful dissemination of personal data, and public defamation. These practices are not only unethical but also infringe on the privacy and dignity of uninvolved individuals. This article employs a legal research method using a normative approach. As a normative legal study, it analyzes laws, regulations, and legal literature relevant to the problem. The study finds that current legal regulations do not adequately protect third parties from the harmful practices associated with online loan collections. In response, there is a pressing need for regulatory reform. This includes strengthening personal data protection laws, enhancing supervision mechanisms over fintech companies, and ensuring that legal standards are consistently enforced. Reformulating these regulations will help address the legal vacuum and ensure greater legal certainty and protection for all individuals affected by online loan transactions. Through comprehensive policy changes and stronger enforcement, the negative impact of online loans can be mitigated, safeguarding both borrowers and uninvolved third parties.

Diyanggi Priya Romaito Pane; Alexandro Wiranto Tambe

Pemuliaan Keadilan 2025 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Technological developments in the modern era have experienced rapid growth, one of which is through the advancement of Artificial Intelligence (AI). This technology has now become an integral part of people's daily lives because it can provide convenience, efficiency, and innovation in various fields. However, behind the benefits offered, AI also carries potential risks, especially when misused. One of the most worrying forms of misuse is deepfakes, namely AI-based digital content manipulation that can convincingly imitate a person's voice, face, and movements. Deepfakes have triggered various digital crimes, such as identity forgery, the creation and distribution of non-consensual pornographic content including sexual exploitation, blackmailing, the spread of fake news (hoaxes), digital terror, fraud, and defamation. The increasingly sophisticated level of AI in manipulating data demands swift action, appropriate regulations, and effective oversight strategies from the government to anticipate its negative impacts. This research uses a normative juridical method with a statute approach and a conceptual approach. This approach allows for a comprehensive analysis of the existing legal framework, the concept of legal protection, and the urgency of establishing new regulations related to AI technology. The research findings indicate that the government needs to take a number of strategic steps, including: (1) drafting specific regulations governing the use and limitations of AI, particularly regarding deepfakes; (2) developing and implementing effective deepfake detection technology; (3) providing protection, recovery, and rehabilitation mechanisms for victims; and (4) implementing widespread public education to raise public awareness of the risks of AI misuse.

Salwa Muzdalifah; Tajul Arifin

Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora 2025 STAI YPIQ BAUBAU, SULAWESI TENGGARA

The crime of defamation in the digital era has become an increasingly complex phenomenon along with the rapid development of information technology. This study aims to analyze the problem of criminal defamation from the perspective of Hadith At-Tirmidzi Number 1894 and Article 27A of the ITE Law. The main focus of the study is on the dynamics of criminal defamation in the context of information and media ethics, the role of hoax news that contributes to the rampant criminal defamation cases, and legal analysis related to both sources. The method used in this study is a qualitative approach with normative analysis of Islamic legal doctrine and positive legal provisions. The results of the study show that Hadith At-Tirmidzi Number 1894 emphasizes the importance of honesty and prohibits lying as part of moral ethics in Islam. Meanwhile, Article 27A of the ITE Law acts as a legal instrument to address criminal defamation violations in the digital realm. A comparison of these two sources shows that although Islamic law and positive law have similarities in maintaining individual honor, the resolution mechanisms are different. Therefore, this study recommends preventive measures such as increasing digital literacy and legal education to reduce the risk of defamation and increase public awareness of the ethics of communicating in cyberspace

Miftia Nur Annisa; Rina Arum Prastyanti; Muhamad Habib

Jurnal Riset Ilmu Hukum, Sosial dan Politik 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study examines violations of ethical commenting on the Instagram account @Pertamina, in response to a fuel-mixing corruption case that caused state losses of up to one quadrillion rupiah. The research aims to describe forms of unethical comments posted by netizens and analyze them based on Article 28 paragraph (2) of Indonesia’s Electronic Information and Transactions Law (ITE Law). A normative juridical method was used, supported by digital observation, documentation, and note-taking techniques. The results revealed 20 comment samples containing hate speech, insults, threats, and defamation. These comments not only violate digital ethics but also potentially breach Articles 28(2) and 27(3) of the ITE Law. According to Soedikno Mertokusumo's theory of legal objectives, such comments fail to uphold justice, legal certainty, and usefulness, ultimately damaging the digital public space, which should foster healthy and productive communication.

Putri Ramadhani Rangkuti; Rahma Fitri Amelia Hasibuan; Vressilia Witama; Maria Arfah Nasution; Siti Kholizah +2 more

Deposisi: Jurnal Publikasi Ilmu Hukum 2025 International Forum of Researchers and Lecturers

The advancement of information and communication technology in the era of the Industrial Revolution 4.0 has given rise to various digital innovations, one of which is deepfake technology that utilizes artificial intelligence and machine learning to manipulate audio-visual content convincingly. Although it has positive potentials in entertainment and education, the misuse of deepfake on social media has caused various legal and ethical issues, such as the spread of hoaxes, defamation, privacy violations, and non-consensual pornography. This study aims to analyze the use of deepfake from the perspective of Indonesian law, particularly through Law Number 11 of 2008 on Electronic Information and Transactions (ITE Law) and its amendments. Using a qualitative descriptive approach and literature study methods, this research examines the technical aspects of deepfake development, the relevance of ITE Law articles in regulating manipulative content, and the challenges of law enforcement amid low digital literacy in society. The findings show that although there are no explicit provisions concerning deepfake in the ITE Law, several articles can serve as a legal basis to prosecute offenders, albeit with interpretative and technical implementation challenges. Therefore, regulatory updates and improvements in digital literacy are necessary to prevent and effectively handle the misuse of deepfake technology.

Jekli Tosubu; Robby Waluyo Amu; Ibrahim Ahmad

Jurnal Hukum, Politik dan Humaniora 2025 Lembaga Pengembangan Kinerja Dosen

The implementation of police discretion in the process of investigating criminal defamation cases shows that discretion is an important instrument for police officers in assessing, determining, and following up on a criminal report based on urgency, public interest, and the principles of proportionality and professionalism. In cases of defamation, which are often subjective and private, discretion allows investigators to consider various factors such as motive, impact, and the possibility of resolution outside the criminal path. Factors Affecting the Implementation of Police Discretion in the Process of Investigating Criminal Defamation Cases show that discretion is not carried out absolutely, but is influenced by various internal and external factors, namely: Legal and Regulatory Aspects, Case Characteristics, Professionalism and Ethics of Investigators, Social and Environmental Pressure, Facilities and Resources. Police Discretion should be regulated more clearly in positive law other than Law Number 2 of 2002 and the Criminal Procedure Code so that the principles of Legal Certainty and Respect for Human Rights are more apparent. Police offices need to provide special facilities such as mediation rooms that are neutral, comfortable, and support the creation of a dialogical atmosphere between the disputing parties. Increasing the number of investigators and managing a more balanced workload will provide space for investigators to consider the discretionary path more seriously without sacrificing work efficiency. The Standard Operating Procedure (SOP) for discretion at the Polres level needs to be adjusted to local socio-cultural characteristics. In Gorontalo, for example, a legal approach that is sensitive to family values and customs must be officially accommodated in work procedures.

Pasaribu, Audry Salsabila; Muhamad Radjhu Khan Saputra; Ilham Rahman Prayogo; Taun Taun

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Lembaga Pengembangan Kinerja Dosen

This study discusses a legal analysis of the differences between criticism and defamation in Indonesian law, especially in the Criminal Code (KUHP) and Law Number 1 of 2024 concerning the Second Amendment to Law Number 11 of 2008 concerning Electronic Information and Transactions (UU ITE). The research method used is normative legal with a regulatory and contextual approach. The results of the study show that the Criminal Code and the ITE Law both provide protection for individual honor, but differ in the scope of application. The Criminal Code focuses more on conventional interactions, while the ITE Law regulates the electronic realm. Although it aims to protect the name well, the provisions in the ITE Law are considered to have weaknesses due to the potential for multiple interpretations that can threaten freedom of expression. Therefore, a proportional legal interpretation is needed to maintain a balance between protection of personal honor and respect for freedom.  

Jesslyn Elisandra Harefa; Yasmirah Mandasari Saragih; Bonari Tua Silalahi; Ireny Natalia Putri Sihite; Sudarno Hariadi Nasution

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Lembaga Pengembangan Kinerja Dosen

The phenomenon of character assassination is now increasingly prevalent in the digital realm, often carried out by corporate entities through destructive information campaigns. Unfortunately, the criminal law system in Indonesia has not been fully able to provide strict accountability for legal entities. This research aims to analyze how criminal accountability can be applied to corporations involved in character assassination. The research method used is a normative juridical approach with qualitative analysis techniques of relevant regulations and case studies. The results of the study show that there is a void of norms in Indonesian criminal law related to corporate criminal liability in non-physical cases such as digital defamation.

Mumaddadah Mumaddadah; Muammar Muammar

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Lembaga Pengembangan Kinerja Dosen

Bullying is a social phenomenon that is increasingly worrying because of its serious impacts on victims, both psychologically, physically, and socially. In the context of Indonesian criminal law, bullying can fulfill the elements of a criminal act if it meets certain qualifications as regulated in the Criminal Code (KUHP) and other regulations. This study aims to analyze how bullying can be qualified as a criminal act and to review the forms of bullying that can be subject to criminal sanctions. Using a normative legal approach, this study examines relevant positive legal norms and case studies that reflect the implementation of the law on bullying. The results of the study show that bullying can be qualified as a criminal act such as insults, physical violence, threats, and defamation, depending on the form and consequences caused. Therefore, it is important to have strict law enforcement and legal education for the community to prevent and handle bullying cases effectively.