The rise of Virtual YouTubers (VTubers) introduces novel challenges to Indonesian
criminal law, particularly regarding criminal liability for sexual harassment
committed through virtual avatars. This study addresses two questions: whether a
VTuber qualifies as a criminal law subject, and how liability attaches to the natural
person behind the avatar. Using a normative legal research method with legislative
and conceptual approaches, this study analyzes Law No. 12/2022 on Sexual
Violence Crimes, Law No. 1/2023 on the Criminal Code, Law No. 1/2024 on
Electronic Information and Transactions, and related statutes. Findings confirm
that a virtual persona cannot bear criminal liability, as it lacks independent will,
consciousness, and physical existence. Instead, Article 36 of the Criminal Code
attaches liability to the talent operating the avatar, subject to proven intent.
Managing agencies may bear corporate liability under Articles 45–48, while
platforms face complementary liability for knowingly permitting harassing content.
Applicable provisions include Article 5 and Article 14(1) of the Sexual Violence Crimes Law and Article 407 of the Criminal Code. Enforcement faces four structural challenges: layered anonymity, cross-border jurisdiction, limited digital forensic capacity, and low victim reporting rates, revealing a significant gap between the normative framework and practical law enforcement capacity.