Tindak pidana pencurian data melalui Wi-Fi perspektif pasal 30 ayat (3) UU nomor 11 tahun 2008 dan Hukum Pidana Islam

Ahmad, Dikri Abdul Jabar (2025) Tindak pidana pencurian data melalui Wi-Fi perspektif pasal 30 ayat (3) UU nomor 11 tahun 2008 dan Hukum Pidana Islam. As-Syar’i: Jurnal Bimbingan & Konseling Keluarga, 7 (3). pp. 404-425. ISSN 2656-4807

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Abstract

Advances in digital technology have transformed data into crucial assets, as well as significantly increasing the threat of cyber crime, including the phenomenon of theft of personal data assets through an increasingly widespread public Wi-Fi network. This study examines the crime from two legal perspectives: positive law of Indonesia through Article 30 paragraph (3) of Law Number 11 of 2008 concerning Information and Electronic Transactions (ITE Law) as amended by Law Number 1 of 2024, and Islamic Criminal Law (Fiqh Jinayah). This study aims to determine the elements of criminal acts of data theft through Wi-Fi; Knowing the perspective of Islamic criminal law on elements of criminal acts of data theft through Wi-Fi; Knowing the perspective of Islamic criminal law regarding sanctions against criminal acts of data theft through Wi-Fi. This study uses a normative juridical approach. The research method used is descriptive analytical. The results showed that data theft through Wi-Fi can be qualified as illegal access to the elements in Article 30 paragraph (3) of the ITE Law, which is a formal offense. In the perspective of Islamic criminal law, this act does not meet the requirements of sariqah (theft of Hudud), but is classified as Jarimah Ta'zir for violating the principle of protection of property (Hifz al-Mal) in Maqashid al-Syariah. Data, as an intangible asset that has economic value (Maliyah), receives legal protection based on contemporary ijtihad. The ratio of sanctions highlighted that the ITE Law is retributive-decent with rigid criminal threats, while ta'zir in Islamic law is flexible, educational, and restorative, with a focus on substantive justice and general benefit. It was concluded that there is a need to reform the national cyber legal policy by integrating the values of substantive flexibility and justice from the philosophy of ta'zir to answer the dynamics of cyber crime that continues to develop.

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