Main Content and Mechanism of Government Regulation on Child Protection in the Digital Space

The core of the Government Regulation on Child Protection in the Digital Space is a risk-based approach. Platforms are categorized into high-risk (social media and gaming) with a minimum age limit of 16 years, and low-risk with a limit of 13 years. Electronic System Operators (ESOs) are required to conduct reliable age verification, not just self-declaration, and provide parental control features, age-based content classification, and a ban on profiling children's data for commercial purposes. Sanctions are administrative, up to blocking access in Indonesia, without directly targeting children or parents. This approach is not a total internet ban, but rather a delay of access until the child is considered psychologically ready.

Sanctions for Platforms that Violate

The government imposes gradual sanctions ranging from warnings, temporary suspension of access, to permanent termination of service access.

From a legal perspective, the Government Regulation on Child Protection in the Digital Space has a solid foundation. This regulation is in line with the Child Protection Law, the Personal Data Protection (PDP) Law, and the UN Convention on the Rights of the Child, which has been ratified by Indonesia. Constitutionally, this policy reflects the principle of a paternalistic state in protecting vulnerable groups as stipulated in Article 28B of the 1945 Constitution. This risk-based approach also follows global trends, as implemented by Australia and several European countries, but Indonesia is more assertive in enforcement against platforms.