Ta’zhir Law As An Alternative Sanction To Cybercrime Law (Case Study Of Cybercrime Law In Indonesia)

Abstract

Cyber crime is a new crime phenomenon that emerges along with the rapid development of technology, cyber crime is a form of crime that is not bound by a particular place and country. Cyber crime is also a sign that the law must be present to provide legal certainty for every citizen. Islamic criminal law does not clearly regulate cybercrime, so the determination of sanctions and penalties can only be done with ta'zhir punishment known in Islamic criminal law. Legislation of cybercrime law certainly cannot be separated from the concept of ta'zhir that has existed before. This research is conducted to see how ta'zhir can be used as an alternative in providing sanctions in the legislation of electronic information and transaction laws. The research conducted by the author finds the fact that ta'zhir punishment can be used as an alternative in providing sanctions for cyber criminals with several advantages offered, namely the flexibility and adaptive nature of ta'zhir punishment with changing situations, as well as making sanctions that have been legislated in the law with two changes as a deterrent effect and also as a form of teaching to the perpetrator and as a preventive for others not to commit acts of cyber crime. Ta'zhir punishment is also considered to be in line with the demands of the law, which is to bring justice and benefit to all people.