Legal protection against crime victims from social media facebook over roleplayer's behavior

Based on Table 3, that 55.2 % or 58 out of 105 respondents know that Roleplay starts with friends, then from the Facebook application itself. Someone knows or is involved in Roleplay starting from the invitation of a friend who introduces to teach how to play. Informant Jaka, who started playing Roleplay in 2013, admitted that he knew a Facebook account that he thought was a Korean artist account when he was in elementary school, but when he was in junior high school he was introduced by a friend that the Facebook account was a Roleplay account, as well as being taught how to play Roleplay (Interview with Informant Jaka on March29, 2022). Basically, gender in Roleplayer is not something that should be debated. Roleplayers are free to choose the gender of the character they want to play, whether a man becomes a female character, or vice versa (Interview with Informant Jaka on March 29, 2022). A person is also free to have more than one Roleplay account with different characters and personalities following the character used in each account. Roleplayers are required to understand and understand the character they are playing, starting from the character's likes, traits, background, language style, to the way the character thinks and interacts with fellow Roleplayers using the plot that was created even though it cannot be completely the same (Pratiwi & Putra, 2019). Meanwhile, in doing Roleplay on Facebook, there are various types of characters, these are distinguished based on how they play Roleplay, including:

1. In Character (IC)

The IC Roleplayer type in playing its role is very deep into the character used, looking for or sharing the latest information, following the nature and behavior, to follow the character's activity schedule.

2. Out Of Character (OOC)

The OOC Roleplayer type means out of character, the OOC Roleplayer does not play his role in accordance with his original character. Usually making uploads of events experienced in the player's real life, but complained about in the Roleplay. Thus, many consider the OOC Roleplayer a mistake in Roleplaying.

3. Semi or Less Out Of Character (Les-OOC)

This type of Roleplayer is a combination of OC and OOC which refers to playing the character not according to the original. This type of Roleplayer sometimes behaves in accordance with their character and sometimes not.

4. Original Character (OC) and/or Alternative Universe (AU) or Plot AU and OC Roleplayers are generally similar, with the difference being that OC Roleplayers create plots or fictional stories freely according to their imagination. OC Roleplayers only use the face of their idol and then create the story as desired, such as changing the name to someone else, changing the background of the artist's life, for example, initially a singer can change to the role of a mafia. While the AU Roleplayer, creating a plot does not change the real name of the idol, only changes the background, such as Jaehyun as a member of the Korean boy band NCT can change into Jaehyun a student at one of the universities in Surabaya (Interview with Informant Jaka on March 29, 2022).

In its current development, the diversity of Roleplayer types above does not differentiate when interacting or doing their activities. The interactions and activities carried out by each Roleplayer vary, not much different from what humans do in general in the real world, the difference is only in Roleplaying their interactions in the virtual world or social media. Roleplayer activities are conveyed by uploading pictures, videos, or just words on their Facebook account to make it look real and animated the role used (Monica & Junaidi, 2021). There are various kinds of characters and roles, and it is not uncommon to find similarities in roles or characters, especially if the character being played is on the rise.

Figure 1 Example of Roleplay Account on Facebook social media (Source: Observation Results)

This phenomenon is not a problem for Roleplayers, based on observations found a group specifically for certain characters. The development of features provided by Facebook social media is also a factor in the diversity of activities in Roleplay, such as the current trend of making Roleplayer accounts look aesthetic, profile photos and posts are made as aesthetic as possible. In addition to sharing the latest information about the character being played, interacting in a general group, chat groups in Roleplay also have a profession, family, and partner (Interview with informant Jaka on March 29, 2022). A family and partner relationship occurs through accidental interactions that then create relationships and a sense of belonging to fellow Roleplayers. There is a couple relationship or commonly referred to as «Couple» with the Indonesian dialect pronunciation being «Kopel». Roleplayers are free to have a relationship with anyone, not necessarily the original character they are playing. The meaning of free also includes the freedom to establish same-sex relationships, although it is still a pro and con within Roleplayer. With the existence of Roleplay partner relationships, Roleplayer also often encounters weddings, child births, divorces and vacations. In this Facebook Roleplay, players can get a job or profession. This happens because in Roleplay there is an association such as a team, agency (agency), Event Organizer (EO), to the company.

1. Team

Basically in Roleplayer there is a team and squad association. The characteristics of the two associations are generally almost the same, the difference is the rules. Squads have more organized rules, for example, each squad member must use the squad's logo in their profile picture. While the rules in the team are more free, team members are not required to use the logo but there are still rules and ways to play in the team. To join a squad or team is through open recruitment, there is a selection stage that must be passed (Interview with informant Suncci on March30, 2022). Nowadays, the majority of Roleplayers are more interested in joining a team than a squad because the rules are looser, so the squad is now abandoned (Interview with informant Jaka on March 29, 2022).

2. Agency

Agencies in Roleplay are generally the same as agencies in the real world. The way to join an agency is the same as when joining a team or squad. However, the rules in the agency are more restrictive compared to teams and squads. For example, they must use a logo and the name of the agency on their account bio, and other rules that have been set by the agency. There are two types of agencies in Roleplay, namely an agency that is a Roleplayer association with the identity or character played by each Roleplayer must be different, no one is allowed to use the same character because it was previously data in advance, and an agency that houses Roleplayer who will fill an event held in Roleplay.

3. Event Organizer (EO)

Event organizer (EO) is useful for helping Roleplayers who want to make celebrations, such as birthday celebrations, weddings (Wedding Organizer / WO) and other celebrations. Like EOs in the real world, making celebrations with the help of EOs in Roleplay must pay according to the rules made by the EO used. In these celebrations, EOs often cooperate with agencies or EOs. Agencies and dormitories as service providers for guest stars or guest stars for celebrations made by the EO.

4. Dormitory

Dormitories are associations of Roleplayers with the same identity or role. For example, a dormitory that houses Roleplayers with the role of NCT boy group members. Then the dormitory contains only NCT member Roleplayers.

5. Company

Companies in Roleplay are basically the same as companies in the real world. The company is part of a group, and offers the same services as any other real-world company.

Such as a delivery company, which delivers food, flowers or gifts. If you use these services, you must pay according to the company's regulations. Meanwhile, if you want to work or join the company, you must go through open recruitment and follow the predetermined selection stages just like applying for a job.

Along with the development of Roleplay games on Facebook social media, playing Roleplay has both positive and negative impacts that can affect players in real life. The positive impacts of playing Roleplay include adding virtual friends from various regions and backgrounds which of course adds new insights, getting information or the latest issues, and getting help with various things. For example, in doing assignments, providing advice and opinions on problems that are being experienced (Interview with Jaka and Suncci on March29, 2022). Meanwhile, the negative impact of playing Roleplay is that it causes addiction to using cellphones to play Roleplay until they forget time, this happens because Roleplayer finds a point of comfort when interacting and doing virtual activities in Roleplay (Interview with Informant Jaka on March29, 2022). Another negative impact of playing Roleplay is the existence of crimes such as bullying, fraud, and verbal sexual harassment. Based on data obtained from 105 respondents, 61 respondents (58.1 %) admitted that in Roleplay there had been a crime, 25 respondents (23.8%) stated that in Roleplay there were often crimes. In addition, 38 (36.2%) of the 105 Respondents claimed to have been victims of crime when playing Roleplay on Facebook social media. Crime is easier to commit in Roleplay because it utilizes the Roleplay game itself which uses someone else's identity. Playing Roleplay will have a positive impact if it is used for something positive, and will have a negative impact if it is used for negative things. In addition, Facebook itself is a social media that is easy to access, armed with the knowledge of accessing Facebook and how to play Roleplay, crimes can easily occur in Roleplay. Crimes that often occur to Roleplayers on Facebook include cyber bullying, verbal sexual harassment, and fraud in Roleplay transactions.

As a country of law, Indonesia has basically set regulations related to crimes that occur on social media, namely regulated in Law No. 19 of 2016. Every victim of crime that occurs in social media is given the freedom to report the events they experience, regulated in Article 38 paragraph (1) of Law No. 19 of 2019 that anyone can file a lawsuit against a party that organizes an Electronic System and/or uses Information Technology that can cause harm. The public can also file a representative based on the provisions of laws and regulations to the electronic system and/or Information Technology if it causes harm to the community, this is regulated in Article 38 paragraph (2) of Law No. 19 of 2016. In addition, Article 39 paragraphs (1) and (2) explain that, it can be resolved by filing a civil lawsuit, until a settlement can be made through arbitration or other alternative dispute resolution institutions. Not only through civil law, the settlement of crimes on the internet can also be carried out according to the current criminal law in Indonesia. The rules in Law No. 19 of 2016 contain a variety of crimes that occur in social media, including crimes experienced by Roleplayer on Facebook social media, including Cyber bullying, sexual harassment, and fraud.

1. Cyber bullying

Cyber bullying is intimidating behavior or bullying behavior carried out by someone to another person on an ongoing basis, by utilizing internet technology, such as using online sites and social media (Sari Rumra & Agustina Rahayu, 2021). In addition, cyber bullying is also defined as the actions of a person or group of people to someone through image or video messages that can harass or demean. In its development, social media has become one of the factors causing an increase in cyber bullying cases (Sakban et al., 2018). In Roleplay on Facebook social media, cyber bullying is the same as cyber bullying in general, which is carried out by every original user of social media. The factors for cyber bullying in Roleplay can be various, for example due to misunderstandings such as those experienced by respondents as victims of DD's cyber bullying crimes. The intention was to help solve the problem because DD was an agency admin, it was DD who received cyber bullying treatment (Interview with DD on November28, 2021). Respondents with the initials SS were also victims of cyber bullying, which began with a romance problem involving the victim and his friend as the bully in Roleplay (Interview with respondent SS on February 6, 2022). Another example of cyber bullying cases can be caused by negligence which causes cyber bullying criminal acts (Saimina & Rahayu, 2020) . This was experienced by the respondent with the initials Cikgu. Respondent Cikgu became a victim of cyber bullying as a result of his upload on a general group that houses Facebook Roleplayers. The upload was then uploaded again by another Roleplayer who felt displeased by the upload because it was considered to contain elements of demeaning children with special needs or autism, from other people's uploads it gave rise to many Roleplayers who participated in commenting and blaspheming Cikgu's respondents, in this case ending with an apology for using the word «autistic» as a simile (Interview with Respondent Cikgu on November27, 2021). Cyber bullying experienced by respondents causes psychological harm, suffering, and traumatic feelings (Ningrum & Amna, 2020). Respondent DD admitted to experiencing a sense of trauma and chose to stop being an admin and make friends with Roleplayer of a different agency (Interview with respondent DD on November28, 2021). The same thing was felt by respondent SS and respondent Cikgu, who admitted that they did not expect that cyber bullying that occurred while playing Roleplay could cause deep trauma. The term cyber bullying that is often used in Roleplay is Bashing or bash. Bashing is the same as flaming, which is an act of mutual hostility and mutual insult between fellow Roleplayers (Fitri, 2016). Bashing in Roleplay still often occurs today, this is because in Roleplay there are special groups that are often used for bashing. This Bashing group generally aims to speak up about a problem experienced by each Roleplayer. Like any other group, members of the group can freely comment in response to each post in the Bashing group. These comments sometimes contain elements of bullying depending on the topic of the post being discussed, if the post contains sensitive content. As experienced by respondent Cikgu, his upload received unpleasant responses from Roleplayer members of the group, so respondent Cikgu blocked all Roleplayer accounts that blasphemed and chose to leave the group (Interview with respondent Cikgu on November 27, 2021).

In Law No. 19 of 2016, it can be categorized as cyber bullying if it contains elements of defamation, threatening, and insulting (Saimina & Rahayu, 2020). The act of defamation in cyber bullying is explained in Article 27 paragraph (3) that people intentionally disseminate, share, or without the right to facilitate access to information or electronic documents that contain insulting and/or defamatory content. Regarding arbitrary actions that intentionally disseminate, share, or facilitate access to electronic information that contains threatening and/or threatening content regulated in Article 27 paragraph (4) of Law No. 19 of 2016, which if proven to have committed the actions of the article can be sentenced to a criminal penalty regulated in Article 45 of Law No. 19 of 2016, namely imprisonment for a maximum of 6 (six) years and / or a maximum fine of Rp. 1,000,000,000.00 (one billion rupiah). In addition, it is explained in Article 28 paragraph (2) regarding acts that cause hatred and / or hostility towards someone, who if proven to have committed the acts regulated in Article 28 paragraph (2) can be sentenced to a maximum imprisonment of 6 (six) years and / or a maximum fine of Rp. 1,000,000,000.00 (one billion rupiah). Law No. 19 of 2016.

2. Verbal sexual harassment

Harassment comes from the word «leceh» which means to belittle or humiliate. While in English, it is called «sexual harassment», the word harass itself means teasing, harassing, disturbing actions that cause anxiety and anger to the victim. So from this word it is concluded that sexual harassment is behavior that has a sexual connotation, this action is not desired by the victim, causing discomfort for the victim (Mustika et al., 2021). Sexual harassment is the act of unilaterally providing invitations or creating a sexually offensive environment or unwanted sexual demands (Fatura, 2019). Sexual harassment can be interpreted as actions taken or showing unwanted sex-related approaches (Wibowo & Sulistyanta, 2021). Sexual harassment is categorized into two groups, namely physical sexual harassment and verbal sexual harassment. Physical sexual harassment is the act of rubbing, fingering, holding, and even kissing up to rape, while verbal harassment is a comment, direct or indirect speech that can humiliate and intimidate others. Nowadays, verbal sexual harassment can be done through social media, such as commenting on photos or videos, sending direct messages, sending photos or videos, and stealing photos and then re-uploading them that contain elements or invitations to sexual intercourse. In Roleplay, verbal sexual harassment often occurs in interactions with fellow Roleplayers. Sexual harassment in Roleplay can take various forms, for example experienced by respondent DD as a victim of harassment committed by a fellow Roleplayer through short messages on Facebook social media, in the middle of the chat the perpetrator sent a message in the form of a pubic photo, this of course made the respondent shocked and chose to block the Roleplayer's account. DD just realized that the perpetrator was indeed perverted from the start seeing from the previous conversation history. Respondent DD admitted to experiencing sexual harassment with the same mode, namely by sending photos containing sexual elements along with words of invitation to have sexual intercourse (Interview with respondent DD on November28, 2021). Verbal sexual harassment also occurred to respondent INS who received a message from the Roleplayer who played the role of her sister at that time, which forced INS to send voice messages in the form of sighs (Interview with respondent INS on November28, 2021). Another form of sexual harassment is harassment perpetrated by one's own partner, namely forcing the victim to send photos of the victim's body. This happened to respondents F, SV and J with the same perpetrator. The interaction between the victim and the perpetrator who agreed to establish a romantic relationship, which was initially limited to Roleplay, then continued to establish a real relationship like a couple in the real world, but they had not met, they only communicated via telephone or video call. After some time, the perpetrator then often forced the victim to have sexual intercourse in the form of phone sex and or video call sex, in addition to forcing the victim to send nude photos or videos, the victim would get threats if she refused the invitation, which led the two into a toxic relationship. After the victim wants to end the relationship with the perpetrator, the perpetrator also threatens that he will disseminate nude photos and videos of the victim to friends and family of the victim (Interview with respondent SV on December 1, 2021) . Verbal sexual harassment in the Roleplay world can occur at any time not limited to a certain time. Sexual harassment experienced by Roleplayer victims certainly has a negative impact on the victim's psychology, such as experiencing shock, feelings of shame, feelings of pressure to feelings of humiliation and dirt.

In Indonesia, regulations governing the criminal act of verbal sexual harassment are regulated in the Criminal Code (KUHP), found in ChapterXIV on Crimes Against Decency, categorized as obscene acts contained in Article 289 and Article 290 of the Criminal Code which can be punished with a maximum imprisonment of 7 (seven) years if proven to have committed the act. Verbal sexual harassment is also regulated in Article 9 of Law No. 44 of 2008 on Pornography (Law No. 44 of 2008). However, Law No. 44 of 2008 only contains the actions of someone who commits pornography, not the verbal sexual harassment that occurs in social media (Mustika et al., 2021). Thus, sexual harassment that occurs in social media is regulated in acts that violate decency in Article 27 paragraph (1) of Law No. 19 of 2016, which if proven to have committed such acts can be punished with criminal sanctions contained in Article 45, namely imprisonment for a maximum of 6 (six) years and / or a maximum fine of Rp. 1,000,000,000.00 (one billion rupiah). Another effort of the government in providing protection to victims of sexual harassment that occurs in cyberspace, to provide freedom and provide a sense of security, especially women surfing on social media, is evidenced by the passing of the Draft Law on the Elimination of Sexual Violence on April12, 2022 at the 19th Plenary Meeting of the House of Representatives of the Republic of Indonesia (DPR-RI) for the Fourth Session Period of 2021-2022 which was officially passed into Law Number12 of 2022 on the Crime of Sexual Violence (Law No. 12 of 2022). Sexual harassment that occurs on social media is described in Article 14 paragraph (1) of Law No.12 of 2022. The article contains various prohibited acts against electronic information and/or documents that contain sexual content. The prohibited acts include: recording, taking pictures or screenshots, disseminating, and sharing without the consent of the person who is the object of the document or information containing sexual content, as well as tracking and/or stalking the person who is the object for immoral purposes. These actions can be sentenced to a maximum imprisonment of 4 (four) years and/or a maximum fine of Rp.200,000,000.00 (two hundred million rupiah).

Article 14 paragraph (2) explains that it can be punished with imprisonment for a maximum of 6 (six) years and/or a maximum fine of Rp. 300,000,000.00 (three hundred million rupiah) if the action is carried out for the purpose of extortion and threatening, misleading, deceiving, and/or coercing. Law No. 12 of 2022 specifically regulates all forms of sexual violence and provide legal protection and fulfillment of rights to victims that occur in Indonesia. Based on the principle of lex specialis derogat legi generali where special regulations override general regulations. Therefore, in resolving cases of sexual harassment on social media using the provisions of Article 14 paragraphs (1) and (2) of Law No. 12 of 2022.

3. Fraud

In today's development, fraud through the internet is inevitable, as well as when in the world of Roleplay, in playing Roleplay on Facebook social media it is not uncommon for cases of fraud to occur to Roleplayer. The use of Roleplay accounts is used as a place to harm others by cheating with the aim of benefiting oneself. Fraud that occurs in Roleplay develops along with the need for interaction between Roleplayer. Various forms of fraud modes in Roleplay, one of which is fraud in buying and selling transactions. The number of Roleplayers who utilize the Roleplay world as a place to sell, can be said to be selling online in Roleplay, as well as making buying and selling transactions via the internet. However, some people take advantage of this to get one-sided and irresponsible profits. Buying and selling fraud occurred to respondents Allen and DG as consumers who were victims of buying and selling Kpop merchandise while playing Roleplay on Facebook social media. The perpetrator could not be contacted and blocked the victim's Facebook account, after the victim made a transaction by sending the agreed amount of money to the perpetrator (Interview with Allen on November26, 2021). Another buying and selling scam was also experienced by respondent INS when buying an account. With the same practice, namely after transferring money based on the agreement, the perpetrator cannot be contacted (Interview with Respondent INS on November28, 2021). Another fraud with another mode was experienced by respondent F, namely fraud with the mode of credit debt with the promise of being paid, but after sending the desired amount of credit, the perpetrator's Roleplayer account has been inactive until now. The amount of loss experienced by victims of fraud that occurs in Roleplayer is small, but it will lead to other frauds in Roleplayer with large losses. Another form of fraud that occurs in Roleplayer is Catfish. Catfish is an act of identity falsification under the guise of online dating. Catfish can be said to be a person who commits fraud or cheating by using a fake identity on social media. In addition, Catfish is used for the purpose of describing someone who commits identity fraud against other people, especially their partners who have never met before (Dewi & Irwansyah, 2021). This Catfish act was experienced by respondents F, SV, and J. The three respondents were victims of Catfish by the same perpetrator and mode, but at different times. The victim's interaction with the perpetrator was initially a couple in the Roleplay world, but the perpetrator asked or even forced the victim to become a couple in the real world who were previously lovers in the Roleplay, even though at that time the two had not met each other. The perpetrator positions himself as a man and tells daily activities like a man, the perpetrator also sends male photos, tells his real social media account, and once made a video call but the perpetrator disabled his camera (Interview with SV on December 1, 2021). The perpetrator treated respondent F the same as SV, namely sending packages of goods, telephone calls, emails, and even the perpetrator often sent photos of the body even though he did not show his face, but after being traced, it was proven that the perpetrator was actually a woman. The identity used so far is the identity of another person, namely a friend of the perpetrator, while when making telephone calls or video calls with the victim, the perpetrator's voice is like a man even though the perpetrator is a woman so that he can interact like a man (Interview with F on November30, 2021). Apart from doing Catfish, during dating the perpetrator also committed sexual harassment by forcing the victim to send nude body photos, forcing phone sex, and threatening to spread photos of the victim if the victim wanted to end the relationship with the perpetrator (Interview with SV on December 1, 2021).

As is known, regulations that discuss criminal acts of fraud in social media are described in Article28 paragraph(1) of Law No.19 of 2016, which explains the prohibited act of spreading false news that can cause consumers to suffer losses in conducting electronic transactions. The act is explained in Article 45 paragraph (2) of Law No. 19 of 2016, which can be imprisoned for a maximum of 6 (six) years and/or a maximum fine of Rp. 1,000,000,000.00 (one billion rupiah). However, Article28 paragraph(1) of Law No. 19 of 2016 is considered not to specifically explain the definition of fraud, so it is too vague if used to process perpetrators of fraud that occurs on social media (Yulandari et al., 2021). Law No. 19 of 2016 also does not describe the rights and obligations between business actors and consumers in electronic transactions, but only provides general legal protection and certainty in electronic transactions (Kamran & Maskun, 2021). In contrast to Article378 of the Criminal Code which explains in detail the elements of the criminal act of fraud. However, although the Criminal Code explains in detail the elements of criminal acts of fraud, the Criminal Code does not recognize fraud in social media (Yulandari et al., 2021), the types of fraud that can be followed up using the Criminal Code are conventional crimes or ordinary fraud where the perpetrators are also in the real world (Budiastanti, 2017). Even so, the criminal provisions governing criminal acts of fraud in social media do not cause a clash of regulations between the Criminal Code and Law No. 19 of 2016, and can even lead to duality of regulation and handling. This is because the Criminal Code explains in detail the elements of the crime of fraud, while Law No. 19 of 2016 explains the prohibition of committing fraud in social media. Thus, both rules can be used based on the principle of lex specialis derogat legi generalis, which means that Law No. 19 of 2016 takes precedence because it has specificity, namely the prohibition of criminal acts of fraud that occur on social media, then the Criminal Code is used as a law that explains the elements of fraud (Budiastanti, 2017). Thus, Article28 paragraph (1) jo Article 45 paragraph (2) of Law No.19 of 2016 jo Article378 of the Criminal Code can be used by Roleplayer who is a victim of fraud in electronic transactions while playing Roleplay. Meanwhile, Roleplayer who is a victim of Catfish in the above case can report the perpetrator on the basis of sexual harassment committed by the perpetrator which is regulated under Article 14 of Law No. 12 of 2022.

The nature of anonymity in Roleplaying on Facebook social media creates its own difficulties for victims, but on the other hand provides freedom for perpetrators to carry out their actions. This causes most Roleplayers who are victims to choose to remain silent and not follow up on the crimes that have occurred, which is an obstacle is that in this Roleplay the perpetrator and victim both do not use their real identities so it is considered difficult to solve the problem of crime in this Roleplay (Interview with informant Suncci on March 30, 2022) . Considering the crimes experienced by Roleplayers on Facebook, victims claim that in addition to legal protection related to the case, assistance is needed for victims who are traumatized, especially for Roleplayers who are victims of harassment or cyber bullying (Interview with informant Jaka on March29, 2022). The concept of playing Roleplay on Facebook social media is basically the same as catfish, but Roleplaying activities are more numerous, not devoted to online dating like catfish. Thus, how the perpetrator plays Roleplay that is used to gain personal benefits in the form of money and/or goods, to other crimes such as sexual harassment and cyber bullying of victims is the basis for punishing the perpetrator. In addition, if the perpetrator did not commit an act of financial gain, then consideration can be given to intentional emotional harm. Where, it is explained that the act causes the victim to experience pressure and suffer psychologically (Dewi & Irwansyah, 2021).