| dc.description.abstract | The rapid development of information technology has shifted the paradigm of crime or crime from conventional to the digital realm (cyber crime). Digital transformation has changed the characteristics of theft, from the physical transfer of an item to the takeover of information value through an electronic process involving the internet network. Legal problems arise when Article 362 of the Criminal Code is applied to cyber crime cases, where the perpetrator's actions often do not remove the original data from the owner, but are limited to copying or duplicating it. This study aims to analyze the legitimacy of the extensive interpretation of the crime of theft in cyber crime, regarding one element, namely "taking" which is interpreted as the act of "duplicating"
The research method used is qualitative and descriptive analytical. The research data used secondary data. Data were collected using literature review methods. Data analysis was conducted using qualitative analysis methods.
The research findings show that interpreting the element of "taking" as the act of "duplicating" represents an expansive interpretation relevant to the nature of digital data. Legally, the essence of "taking" in theft is "the unlawful transfer of power from a legitimate owner." In the digital context, unauthorized duplication of data can be considered the seizure of exclusive power over the information, resulting in economic or functional loss for the legitimate owner. Focusing the interpretation on the element of "taking" rather than the element of "goods" is considered more effective in avoiding the trap of analogy, because it still refers to the text of the act contained in the law but its meaning is expanded according to the technical reality of cybercrime. This interpretation provides a basis for judges to address the crime of data theft without having to wait for comprehensive legislative reform, while still respecting the boundaries of the principle of legality. | en_US |
