REVIEWING VICTIMOLOGY IN THE DOXING CASE OF AN INDONESIAN VIRTUAL YOUTUBER

ABSTRACT


INTRODUCTION
The development of technology is something common now. The development covers entertainment, work, etc. (Chicaiza & Valdiviezo-Diaz, 2021;Kohli et al., 2022). In this modern era, society is given an entertainment in the form of videos accessible on a platform called Youtube. It is a platform where everyone can create and find videos freely (Munger & Phillips, 2022). For example, how to cook, how to make something, or just a content where someone plays video games.
The development of information technology today is very massive and has an impact on changes in the global lifestyle community which includes changes in socio-cultural, economic aspects, and a fairly dynamic legal application framework. Cyberlaw is a new system of law enforcement in Indonesia specific to the field of technology and information. The familiar term to describe cyberspace is "the law of the internet, the law of information technology, the telecommunication law, and lex informatica" (Budhijanto, 2010).
In its very fast and rapid development, a new thing was born, namely Virtual Youtuber or commonly called Vtuber where viewers can see someone's real face and look in the video replaced with an animated character that looks unique and attractive to the general audience. VTubers started with Kizuna AI's debut in 2016. There was even a Vtuber before their debut in 2011, namely Ami Yamato but still in the form of Artificial Intelligence (AI) who started a series of virtual characters to become entertainers on the YouTube channel. The term VTuber is known as a virtual liver because of the identity that you want to display in the form of a virtual character in the YouTube platform service (BlueHeaven, 2020). In its development there are two types of Vtubers, namely someone with agency and indie where someone chooses to be independent and unrelated to an agency. With the existence of two giant agents, Hololive initiated by Cover Corporation, this company is known outside its own country, one of which is in China with the second largest fans after Japan which has 2.7 million followers on Youtube and approximately 3.5 million followers on the Bilibili ceiling. Now Hololive has become a must-discuss chat topic in Japanese pop music culture, especially among Vtuber followers in Indonesia. As of December 11, 2019, Hololive Indonesia's official Facebook page has been created, intended to provide actual information about their VTubers to followers in Indonesia (Tiraska, 2020), and its rival Nijisanji, a company that originally wanted to introduce the VTuber platform, actually changed its goals while building a VTuber agency. The first generation of Nijisanji gave rise to excellent prospects as pioneers in VTubers, led by the trio of Tsukino Mito, Higuchi Kaede and Shizuka Rin. Now Nijisanji's followers reach more than 100 VTubers in some of the world's major countries (BlueHeaven, 2020). In addition, there are VTubers who choose to be independent which is often referred to as indie they do not choose to join any agency and choose to stand alone, for example, Chloe Papua, Naminae Sae, and also Fay Kuroda.
Virtual Youtuber is a unique and new thing, especially with the existence of someone behind the personification of talents or what is commonly called talents hiding their own personal data behind their charms. This is because it is to maintain a persona that he created. Usually, talents have different backgrounds, such as Ayunda Risu who is described as a squirrel in the form of a beautiful and cute woman. However, this is just a persona created by Hololive to cover up how the real figure is behind the scenes. However, because of his hidden identity, it is not strange to appear someone with a person who wants to know the person's true identity and spread it by means of doxing. Literally, doxing is described as the act of searching, scrutinizing, and collecting someone's personal data for later publication freely on various social media. The Oxford British and World English Dictionary describes doxing as finding and posting someone's personal or identifying information on the Internet, based on malicious intent (Banimal et al., 2020).
The use of the internet in various lines of life not only promises ease of implementation. Of course, something new will continue to dynamically follow developments and can be sure to be accompanied by problems, including in the field of law. Examples of legal problems that will then arise are known as the protection of privacy rights or problems with the security of personal data. Often a person when first accessing a portal or application to register or transact will encounter a notification to ask for access consent to that person's personal data, this is where the initial indication of a leak of the user's personal data occurs. The consent action then affects the documentation of user data by the application developer which will then be used as a database for commercial or other purposes. Individuals who access the internet (links indicated as part of the phishing model) will be vulnerable to being victims of personal data leakage without being directly aware of it (Sitompul, 2004).
Protection of oneself is regulated in the 1945 Constitution and is included in human rights. This protection of oneself is stated in Article 28G of the 1945 Constitution. This personal protection or privacy is universal, meaning it is recognized in many countries. As of May 2018, 28 European Union (EU) coalition countries have implemented the General Data Protection Regulation. This number will continue to grow along with the country's awareness of the importance of protecting the data of its citizens. The Indonesian government through relevant ministries is pro-active in providing support for the protection of personal data through the Personal Data Protection Law which was decided on September 20, 2022 the passage of this law coincides with the many doxing cases that occur in Indonesia. This law must be proposed to be a solid legal foundation for the management and protection of personal data of citizens and government officials.
Data protection is a fundamental human right. A number of countries in the world recognize and regulate it under the legal umbrella related to data protection as a constitutional right or in the form of "data habeas" which is the right of a person to obtain the security of his personal data and as a justification when data-related errors are caused by the system. Albania, Armenia, the Philippines, East Timor, Colombia and Argentina are countries with historical and cultural differences that have recognized the role of data protection in facilitating the democratic process and have guaranteed its protection in their constitutions (Niffari, 2020).
Victimology is a science that explores the victim including the relationship between the victim and the perpetrator, as well as the correlation between the victim and the justice system. The consequence of being a victim is such a humanitarian problem. is a matter of social reality. That is, victims and perpetrators of victimization can be individuals, groups, private companies and governments (Siswanto, 2022). The case of doxing in the world of Vtubers is not new to the ears of Vtube fans but with this doxing case the talent is very aggrieved by this incident and maybe if someone spreads the identity of someone who turns out not to be a real talent figure the person could have suddenly received terror or something even worse. From this presentation, researchers are interested in conducting research related to how to review the victimology of doxing behavior perpetrators of virtual Youtubers.

METHOD
This research uses a juridical-empirical approach. Empirical juridical research is legal research through the formulation or application of normative law in a group of people who are currently in and involved in society. Empirical juridical research is field research (research on primary data) which is a study that examines legal regulations which are then combined with data and behaviors that live in society. The data/subject matter of this study was obtained directly from the respondents through field research (A. Muhammad, 2004). Interviews of a virtual Youtuber are conducted through Facebook Messenger to get the results of the interview of the phenomenon of doxing of virtual Youtubers.
This research applies qualitative research methods. A qualitative approach is a type of analysis that focuses on descriptive data, such as information data that informants provide both written and oral, and real behavior. The approach used in this study is an approach by seeing, exploring, and understanding reality and practice in the field using observation and interview methods. The qualitative approach focuses on a specific object and subordinate subjects of the researcher. Human methods of interpretation serve as the basis for the researcher and are included in the study of qualitative analysis. Qualitative research studies certain phenomena from the point of view of the person who experiences them (Tan, 2021).

RESULT AND DISCUSSION Victimology in the Criminal Justice System
The victim of a crime, according to Loretz V. Stanciu, is someone who suffers losses caused by injustice (crime). Furthermore, Stanciu stated two fundamental traits inherent in the victim, namely suffering and injustice . The existence of the victim's status has indicated that a crime has occurred. It begins with the suffering derived from the act of criminality itself and can then continue as a victim of injustice during the handling of cases caused by many factors. This condition makes the victim as a result of the indecisiveness of the enforcement of legal procedures (Hamid, 2016).
Victims of criminal offences in the current Criminal Justice System are far from processed fairly, instead tending to overlap with personal gain. The criminal justice system implemented in Indonesia, views the relative victim statute as a common and fundamental thing for everyone and the same as the perpetrator of the crime because it is based on the principle of presumption of innocence that protects the offender (offender oriented) (Masania, 2015). Due to the criminal justice system whose reality from the beginning tends to be offender oriented even though there is no such will or purpose of law enforcement, the science of victimology as a study that focuses on victims provides a rationale for the components of case selection in the criminal justice system that are the main focus. The solution that was then designed was the use of restorative justice as a strategy. Restorative justice is a method of justice that is more likely to be applied in contexts focused on the rights and well-being of the perpetrator of the crime and also the victim (Masania, 2015).
The concept of restorative justice is actually a concession concept of oriental legal philosophy that aims to help resolve conflicts by focusing more on persuasive efforts. From an Eastern perspective, the conflict will continue. Conflicts at the individual (micro) level will cause conflicts at the (macro) level of society, and can even affect the stability of the universe, which is mainly manifested in the form of natural disasters. Therefore, the resolution of conflicts also serves as a strategy to restore stability in groups and the universe (Niffari, 2020).
The victim-based approach focuses the handling of justice on the losses received by the victims. This component covers the needs of victims, their families, and their communities. After all the victim becomes a center that needs to be saved and treated fairly during the trial. Referring to the scientific examination of victimology there are a number of rights of victims of crimes in addition to the criminal processing of perpetrators in trials. Such needs include (Siswanto, 2022): 1) Safety: A guarantee of protection of itself against prevention through collaborative solutions; 2) Access: The right to obtain access to justice that is as fair as possible regardless of social status; 3) Support (support), namely fasilitas and maximum assistance during the justice process in order to obtain absolute justice; 4) Information (Information), namely the clarity of information both oral and written related to the judicial process; and 5) Sustainability, namely consistency, sustainability, and follow-up of all stages of justice.
In the case of doxing that occurs to Virtual Youtubers, those who are victims need facilitation so that the rights they should have obtained during the trial can be fulfilled. This recognition as a stimulus for victims that their human rights will always be respected under any circumstances especially in the judiciary. A manifestation of the recognition of victims' rights during the judicial process with the transparency of the process during the trial. Furthermore, it is necessary to monitor the established victim privacy protection mechanisms, especially those involving the family component. Accordingly, the criminal justice system is implemented with maximum justice regardless of social status and other aspects that accompany suspects and victims.
The doxing case that occurs against virtual Youtubers has a heavy impact on the profession itself, a Vtuber must get a security protection in the privacy they have because an attraction of the content they provide is the personification of themselves. A VTuber has her own reasons why they use an avatar, some are because they want to provide content without being disturbed by their privacy, some feel introverted making them not confident in front of the camera, some become virtual Youtubers because they follow the crowded market. In addition to the security that the law must provide to victims of doxing they also need easy access to report the incident in order to realize a confidentiality of their own privacy so that a person can remain calm in his personal affairs so that his own profession is maintained, therefore a restorative justice system can provide a sense of support, information, and sustainability in the case he faces when he gets a doxing case.

Postmodern Victimology Review of Doxing of Vtubers
Today's victimology is a new idea in the science of criminology. Victimology agrees that the solution of a crime case must go through a study of the influence received by the victim as the object of the crime, not the opposite that has been happening, which is more judging from the point of view of the study of the perpetrator of the crime. Viktomology developed as a means of anticipating crimes before there was actually a crime that gave rise to criminal law. Through a perspective on victims and possible causes of criminality that are indicated to be criminal, the science of vichtomology is a process in the application of public policy. In his theory, Schafer stated that victims have a functional role, namely guarding or defending themselves and not committing provoking actions that provoke criminal acts. The contribution of victims in criminal acts is often referred to as victim precipitation. If associated with the status of defendants in this case, their status may fall into the category of mutual victimitation according to Sellin and Wolfgang or self-victimizating victim according to Stephen Schafer. Normatively, those defendants act as perpetrators, due to the factor of criminal acts in which it is required in objective or subjective aspects (Paripurna et al., 2021). Wolfgang stated that victim precipitation is related to cases in which the victim is related to the occurrence of victimization itself. Therefore, in some cases, it is the victim who first displays and uses a lethal weapon in an attack in a situation of urgent fights. Briefly, the victim is the party who first initiates the interaction (Angkasa et al., 2021). Viewed from the perspective of the emergence of victims according to Ezzat Abdel Fattah explained the form of precipitation, namely provocative victims where they themselves provoke the perpetrators to doxing according to the typology of the victim according to Sthepen Schafer, namely political victims where they fight the ruler (Brotto et al., 2017).
Cohen and Felson note that regular activity makes it easier to have opportunities to commit crimes so the risk of criminal victimization varies according to the circumstances and locations in which people place themselves and their property. In that case the nature or pattern of routine social interaction contributes significantly to the volume and type of crime found in society. Cohen and Felson's opinion turned out to focus more on explaining how victimization emerged in America after the second World War in which they said post-war society underwent a change in motivation, such as motivated perpetrators to commit crimes against appropriate targets in the absence of an capable guardian. According to Hidenlang, Garofalo, and Gottfredson's theory it is revealed that a person has a great chance of being victimized because of his displayed lifestyle. The theory is quite relevant considering that people with a lifestyle that likes to expose anything in their daily lives tend to have a greater risk of danger (Madero-Hernandez & Fisher, 2017).
In this case the doxer does not have the consent of the person concerned according to the definition of doxing that emerged in 1990 around the Hackers community. Doxing which stands for "dropping document" or "dropping dox" which means to distribute someone's document that is private. This term is used by hackers to take down their opponents on the basis of revenge (S. Muhammad & Noval, 2021). The dissemination of documents in doxing activities in the virtual world Youtubers have various kinds of media, according to an indie virtual Youtuber, Fay Kuroda in an interview said that doxing today utilizes social media such as Twitter, Facebook, and Instagram, besides that Youtube is the target of doxing actors to disseminate the personal data of a VTuber today and also the results of doxing that are spread quite fatal to the victim's career and life because the document includes real names, addresses, face photos, to the names of the victim's parents.
Fay Kuroda in the interview said that doxing conditions in Indonesia have been around for a long time. The condition of doxing in Indonesia today is quite severe with a major case that occurred in Indonesia, namely the sale of large data by a hacker known as Bjorka who had succeeded in disseminating the personal data of a chairman of the Ministry of Communication and Informatics, namely Johnny G. Plate. The doxing case that occurred to VTubers in Indonesia itself is not something that more or less VTubers come from agencies or indie who are often victims of doxing today. Virtual Youtuber is an easy target for doxing actors, this happens because someone virtual Youtuber is an artist in cyberspace they have their own fame and the risk of someone covering up their appearance to an avatar will definitely many people want to see the real figure behind the avatar aforementioned. In the interview with Fay Kuroda, in addition to a figure who attracts a Vtuber, she can also be exposed to doxing because of the irritation of the audience who are disappointed with the actions she did or often referred to as "drama". This finding is relevant to the theory of victim precipitation proposed by Schafer, namely that victims have a functional role, such as actively guarding or defending themselves and not inciting and actively participating in efforts to prevent criminal acts.

Reviewing Victimology in the Doxing Case of an Indonesian Virtual
Fay Kuroda also explained that doxing is a very detrimental activity for a victim who is attacked by the spread of a virtual Youtuber's real identity will have a lot of impact on his career and daily life such as the victim can become a victim of cancel culture, where a person will be attacked en masse to bring down his career life (Yudiana et al., 2022). In addition to the cancel culture case that often occurs against doxing victims is stalking or stalking in the real world, where the Vtuber will chase wherever she is and eventually a VTuber does not feel safe anymore when leaving the house.

Legal Protection in the Case of Yotuber Virtual Doxing
Legal protection is interpreted as an effort to provide assistance and fulfill the right to maintain a sense of security to victims and witnesses (Kaawoan, 2017). Legal protection of victims, including in community protection efforts, this legal protection is related to the enforcement of human rights (HAM). Setiono stated that legal protection is a step to limit the arbitrary power exercised by the ruler during the law enforcement process. Efforts to protect the law become a form of effort so that order and tranquility are still realized, so that the expression humanizing humans will be true and maintain the dignity of a person The theory according to Salmond explains that the purpose of enforcing the law is to integrate and coordinate various interests in society, of course, all have interests, but in order to realize a sense of security and maintain the rights of each person, it is necessary to make a limits on the interests themselves, as well as fostering a sense of mutual belonging and tolerance in society . The victim plays an important role in uncovering a crime. Because information in the form of oral and written information from the victim can be used as strong evidence in criminal protection because the victim is a person who can provide information because the victim who witnessed, heard, and found the following event in a criminal act, it is appropriate that the guarantee of protection for the victim should be prioritized. Protection of victims is aimed at keeping them away from various threats in this case doxing (Kaawoan, 2017;Syafruddin et al., 2013). Threats are any actions that result in negative impacts/losses and cause talent to feel anxious and uncomfortable. The definition of threat is mentioned in Article 1 number 4 of the PSK (Pekerja Seks Komersial, Prostitute) Law.
Here are the reasons why talent needs protection: 1) It is believed that the criminal justice system pays more attention to the role and problems of criminals (offender centered); 2) Victims likely retain important information in an effort to preserve the data and facts of the incident; 3) Awareness of the need to pay attention to victims of white collar crime and also victims of crimes caused by abuse of power. So far, attention has been more directed to victims of conventional crimes (street crime). Victims of crime can also withhold the reporting of crimes experienced in advance because the victim system is abstract (abstract victim) so it is difficult to determine who the victim is. Although crime victims are abstract, this action does not include victimless crime because even though virtual Youtubers are moving animations that are controlled by someone behind the scenes and this doxing incident cannot be ascertained the authenticity of doxing still takes its toll, namely those whose data is spread suddenly. Therefore, here the victim has the rights stipulated in Law No. 39 of 1999 concerning Human Rights. One of them is the right to be treated equally before the eyes of the law, as article 3 paragraph 2 reads: "Everyone has the right to recognition, guarantees, protection and fair legal treatment and to obtain legal certainty and equal treatment before the eyes of the law." In addition, paragraph 3 reads: "Everyone has the right to the protection of human rights and basic human freedoms without discrimination."

Reviewing Victimology in the Doxing
It is clear that talent is the human being behind the scenes therefore it is clear that the rights of the talents behind the scenes must be protected no matter what. Because of someone's irritation because of a talent, someone doxing in order to bring down the talent by giving the talent's real name and address doxing is done so that people can attack the talent by spreading how the talent is real so that they can bully to talent. This case can be criminally charged, namely article 310 paragraph 1 of the Criminal Code in which: "Whoever deliberately attacks the honor or good name of a person by accusing something, which means to make it known to the public, is threatened with defamation with imprisonment for not more than nine months or a fine of not more than four thousand five hundred rupiah." From the interview results, Fay Kuroda revealed that the doxing results are shared through internet-connected applications such as Facebook, Twitter, and Youtube if someone doxing and spreads the identity to general social media, the doxing perpetrator can sue further with article 310 paragraph 2 of the Criminal Code which reads: "If it is done with a writing or description that broadcast, performed or posted in public, then threatened for defamation with imprisonment for not more than one year and four months or a fine of not more than four thousand five hundred rupiah." The doxing case against a virtual talent Youtuber does not only cover the affairs of the talent who is the victim and the perpetrator who doxing the doxing case, but the doxing case can cause slander to the individual party who is not actually involved. Cases that are often encountered because of this misdirection, suddenly someone becomes a victim of bullying because a doxxer points out that he is the person behind the doxing target of the talent. Persons who become victims of slander because of the case can be criminally sanctioned against the doxer on the legal basis, namely Article 27 paragraph 3 of the Electronic Information and Transaction Law (ITE) Number 19 of 2016 concerning Amendments to Law No. 11 of 2008 which reads: "Everyone intentionally and without the right to distribute and/or transmit and/or make accessible Electronic Information and/or Electronic Documents that have contemptuous content and/or defamation." This article has a criminal content in Article 45 paragraph 2 of the Electronic Information and Transaction Law (ITE) Number 19 of 2016 which reads: "Any person who intentionally and without the right to distribute and/or transmit and/or make accessible Electronic Information and/or Electronic Documents that have the content of contempt and/or defamation as referred to in Article 27 paragraph 3 shall be punished with a maximum imprisonment of 4 (four) years and/or a fine a maximum of IDR 750,000,000.00 (seven hundred and fifty million Rupiah)." In Article of the Personal Data Protection Law Number 27 of 2022 Article 4 paragraph 3 explains that explaining the types of personal data includes full name, gender, nationality, religion, and/or personal data combined to identify an individual. The Personal Data Protection Act describes the prohibition or limitation of the use of personal data and in article 65 paragraph 1 which reads: "Any Person is prohibited from unlawfully obtaining or collecting Personal Data that does not belong to him with the intent to benefit himself or others which may result in the loss of the Personal Data Subject." The explanation related to criminal sanctions for violating the dissemination of personal data is explained in article 67 paragraph 1, namely: "Any person who intentionally and unlawfully obtains or collects Personal Data that does not belong to him with the intention of benefiting himself or others which may result in the loss of the Personal Data Subject as referred to in Article 65 paragraph 1 shall be punished with a maximum imprisonment of 5 (five) years and/or a maximum fine of Rp5,000. 000,000.00 (five billion rupiah)." The Personal Data Protection Act helps talents who are obliged to cover their true identity due to professional needs with the existence of Article 64 paragraph 4 which reads: "In the event that it is necessary to protect Personal Data, the proceedings are conducted behind closed doors." With this article, talents can rest assured if they feel aggrieved by the doxing incident that others have done to him because in the interview Fay Kuroda revealed that the data that has been spread will not be withdrawn no matter how they do and therefore there will definitely still be stains affixed even though someone has been subject to criminal sanctions. In addition, talents get a guarantee in access and security in reporting doxing cases by the Personal Data Protection Law Number 27 of 2022 Article 43, which reads: "The Personal Data Controller is obliged to delete the Personal Data in the event that: a. the Personal Data is no longer necessary for the achievement of the purposes for which the Personal Data is processed; b. The Personal Data Subject has withdrawn consent to the processing of the Personal Data; c. there is a request from the Personal Data Subject; or d. Personal Data is obtained and/or processed in an unlawful manner." With this, a talent person should no longer be afraid of his data being given to the data controller because the state has arranged witnesses to the data controller if the data controller does not delete the talent data if they ask for their personal data to be deleted.
In addition to being a victim of slander that can ruin one's career life a person who is a victim of doxing they can also commit unpalatable acts in daily life such as stalking incidents that make them feel uncomfortable. In this case, a stalker can be subject to a criminal offense, namely Article 14 paragraph 1 letter c of Law Number 12 of 2022 concerning the Criminal Act of Sexual Violence, namely: "Any person without the right to stalk and/or trace using an electronic system against the person who is the object in electronic information/documents for sexual purposes, is convicted of committing electronic-based sexual violence, with a maximum imprisonment of 4 (four) years and/ or a maximum fine of Rp200,000,000.00 (two hundred million Rupiah)."

The Role of the State in the Recovery of Doxing Victims of Virtual Youtubers
The criminal law used as a fulcrum stipulates a crime, according to Mardjono Reksodiputro as a cause and effect (reaction) to the activities of a person who has violated moral norms and established laws, the actions committed have threatened the basics of government, order, law, and social welfare (Reksodiputro, 2007). Doxing cases in Indonesia are very detrimental to talents who are victims of doxing itself the purpose of why the state must provide a way of recovery to talents who are victims because the victims themselves get a lot of losses that must be experienced from the psychic or material side where doxing victims for example become victims of stalking which has a psychological effect on a talent which makes it difficult for him to leave the house and his life always feels threatened, therefore the criminal law in doxing cases must be able to help the victim recover as the principles in restorative justice are (Reksodiputro, 2007): 1) Any form of crime falls into the category of human rights violations; 2) Victims and society become the axis of the justice system; 3) The first priority during the justice process is to facilitate victims to fulfill and maintain their rights; 4) The second priority is community recovery; 5) The perpetrator has a moral responsibility to the victim and his environment for what has been done; 6) The responsibility of all stakeholders to maintain restorative justice through partnerships that have been established in the form of partnerships (partnerships for action); and 7) Perpetrators are expected to be able to evaluate themselves as a result of the acceptance of the restorative justice process. Restorative justice demands the involvement of all interested parties in resolving cases together. The involvement that arises from a community fosters a sense of mutual ownership so that real concern is built in society. Restorative justice certainly focuses on cooperative efforts from the community and the government as an effort to bridge the reconciliation between victims and perpetrators so as not to leave problems unfinished and instead cause new problems. Doxing cases must focus on the victim because in that case a victim gets a lot of harm caused by the perpetrators who do the doxing Muliadi characterizes a restorative justice, namely (Flora, 2019): 1) Crime is defined as an act of individual offense against another individual; 2) The focus of problem solving is oriented towards accountability and fulfillment of obligations in the future; 3) Dialogue and negotiation became the basis for the formation of a normative nature;