PROPHETIC CYBER LAW ENFORCEMENT: Holistic Paradigm of Cyber Law Enforcement in Indonesia Arum Dwi Arta Setyoningsih (a*), Achmad Miftah Farid(b)
a) Faculty of Law, Universitas Muhammadiyah Surakarta
Jl. A. Yani, Pabelan, Kartasura, Sukoharjo, Jawa Tengah 57169, Indonesia
*c100210002[at]student.ums.ac.id
b) Faculty of Law, Universitas Muhammadiyah Surakarta
Jl. A. Yani, Pabelan, Kartasura, Sukoharjo, Jawa Tengah 57169, Indonesia
amf209[at]ums.ac.id
Abstract
This study is projected to analyze the handling of cybercriminal cases in positive law in Indonesia and deal with cybercrimes from Islamic-based prophetic law. The research data is analyzed qualitatively by normative research method, which is carried out by elaborating laws and regulations (statute approach) to help create a conceptual framework (conceptual approach) in enforcing cyber criminal law based on prophetic law. The handling of cybercriminal cases in positive law in Indonesia starts from the basis used as a regulation of cybercrime cases themselves, namely Law Number 11 of 2008 concerning Information and Electronic Transactions. The process of handling cases, which is generally carried out by police investigators, often encounters obstacles. Conventional procedures are not enough to eradicate cybercrime to its roots. The proposal of the concept of prophetic-based cybercriminal law enforcement prioritizes The Divine, humanity, and justice values in Pancasila as the basis for cybercriminal law enforcement.
Keywords: Cybercrime- Cyber Law- Holistic- Law Enforcement- Prophetic Law.
