Penerapan Zero Tolerance dalam Penegakan Hukum Tindak Pidana Perundungan Anak

Abstrak

The handling of child bullying in educational institutions frequently resolves through internal settlements or mediation, despite offenses against children being categorized as non-complaint offenses (delik biasa) that should legally proceed without the consent of the involved parties. This condition reflects weak implementation of the principle of legal certainty and indicates a normative gap in the law enforcement mechanisms against physical and psychological violence committed against children. This study aims to analyze the application of Zero Tolerance in the law enforcement of child bullying offenses. Although the Child Protection Law strictly prohibits physical and psychological violence against children, law enforcement practices continue to display inconsistency, particularly in choosing between criminal prosecution and internal institutional resolution. This study employs a normative legal research method utilizing both a statute approach and a conceptual approach. Primary legal materials consist of Law No. 1/2023 on the National Criminal Code, Law No. 35/2014 on Child Protection, and Regulation of the Minister of Education, Culture, Research, and Technology No. 46/2023 on the Prevention and Handling of Violence in Educational Units. Secondary legal materials include literature, journal articles,  expert opinions supporting this study. Analysis of the legal materials is conducted using deductive analysis. The findings reveal that the fundamental issue lies in the absence of imperative operational norms, particularly regarding mandatory criminal reporting and clear limitations on non-judicial settlements. This normative void leads to selective law enforcement that relies heavily on institutional discretion and public pressure, thereby undermining legal certainty and the protection of child victims. Consequently, the formulation of a zero-tolerance norm is essential to reinforce the law enforcement of child bullying consistently and in alignment with the best interests of the child.