Cybercrime in the Perspective of Criminology: A Comparative Study of the Western Legal System (Civil Law) And Islamic Legal Values Dian Alan Setiawan (a*), Malki Ahmad Nasir (b), Naura Alifa Rifdania (c), Azzahrah Munirah (d)
Bandung Islamic University
Abstract
Cybercrime is one of the main challenges in today^s digital era, with a broad impact on individuals, organizations, and countries. Handling it requires a holistic and effective approach. This study analyzes cybercrime from a criminological perspective by comparing the Western legal system (civil law) and Islamic legal values. The criminological approach is used to understand the causal factors and behavioral patterns of cybercriminals. The civil law legal system, with the principle of codification and strict law enforcement, has various regulations that specifically regulate cybercrime, such as the Cybercrime Act and international conventions such as the Budapest Convention. Meanwhile, Islamic law provides an approach that is more based on moral and ethical values, with crime prevention through principles such as justice, social responsibility, and spiritual understanding. This study compares the two legal systems in the prevention, handling, and sanctions against cybercrime and explores the strengths and weaknesses of each approach. The method applied in this study is normative juridical. Normative juridical research is doctrinal legal research that focuses on the study of the application of legal norms in the positive legal system. The approaches applied in this problem include the statutory approach, conceptual approach, and comparative approach. The results of the study show that although the civil law system focuses more on repressive law enforcement, Islamic law emphasizes prevention through strengthening morality and ethics in society.
Keywords: PleaseCybercrime- Criminology- Civil Law Legal System- Islamic Law- Comparative Law Just Try to Submit This Sample Abstract
Topic: Law and Ethics in Terms of Islamic Perspective
