Criminal Liability for Child Grooming in the Indonesian Criminal Law System: Normative Gaps and the Need for Harmonization

This article examines criminal liability for in-person and technology-mediated child grooming under Indonesian criminal law following the implementation of the 2023 Criminal Code in January 2026. Using normative legal research with statutory, conceptual, and case approaches, it compares the elements of offences under the Child Protection Law, the Sexual Violence Crimes Law, the Pornography Law, the Electronic Information and Transactions framework, and the Criminal Code. The study finds that certain forms of solicitation, electronic sexual stalking, and involvement of children in pornography can already fall within existing offences; therefore, it is inaccurate to classify every preparatory stage of grooming as a legal vacuum. The narrower problem is the absence of a precisely defined, autonomous offence addressing a targeted, sexually motivated pattern of manipulation when no existing offence is established. Selected judicial decisions illuminate the treatment of power imbalance and purported child consent without proving that courts already criminalize the entire grooming process. The article proposes a carefully delimited conduct-based offence, requiring specific sexual intent, objectively demonstrable conduct, and rigorous evidentiary safeguards to avoid penalizing ordinary social interaction.

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Publication Details

Journal
Adagium.
Published
2026-10-31
DOI
https://doi.org/10.70308/rj7gw254
Primary Topic
Legal and Social Justice Studies
Type
article
Field-Weighted Citation Impact
0.00
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article

Criminal Liability for Child Grooming in the Indonesian Criminal Law System: Normative Gaps and the Need for Harmonization

Febby Febriyanti, Gialdah Tapiansari
Adagium.
Legal and Social Justice Studies
article

Criminal Liability for Child Grooming in the Indonesian Criminal Law System: Normative Gaps and the Need for Harmonization

Febby Febriyanti, Gialdah Tapiansari
article en

Abstract

This article examines criminal liability for in-person and technology-mediated child grooming under Indonesian criminal law following the implementation of the 2023 Criminal Code in January 2026. Using normative legal research with statutory, conceptual, and case approaches, it compares the elements of offences under the Child Protection Law, the Sexual Violence Crimes Law, the Pornography Law, the Electronic Information and Transactions framework, and the Criminal Code. The study finds that certain forms of solicitation, electronic sexual stalking, and involvement of children in pornography can already fall within existing offences; therefore, it is inaccurate to classify every preparatory stage of grooming as a legal vacuum. The narrower problem is the absence of a precisely defined, autonomous offence addressing a targeted, sexually motivated pattern of manipulation when no existing offence is established. Selected judicial decisions illuminate the treatment of power imbalance and purported child consent without proving that courts already criminalize the entire grooming process. The article proposes a carefully delimited conduct-based offence, requiring specific sexual intent, objectively demonstrable conduct, and rigorous evidentiary safeguards to avoid penalizing ordinary social interaction.

Adagium.Vol. 4(2)
Universitas Pasundan (ID)
Openalex Percentile: Top 2%
Legal and Social Justice Studies
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