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Riyadh Hussain Taqi
College of Nursing, University of Basrah, Basrah

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Evolving Legal Responsibilities and Challenges in Prosecuting Cybercrime Across Jurisdictions: Tanggung Jawab Hukum yang Berkembang dan Tantangan dalam Menindak Kejahatan Dunia Maya di Seluruh Yurisdiksi Riyadh Hussain Taqi
Academia Open Vol. 10 No. 2 (2025): December
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/acopen.10.2025.10842

Abstract

General Background: In the digital age, cybercrime has emerged as a sophisticated and transnational threat, endangering global security, economic stability, and individual privacy. Specific Background: The rapid evolution of cyber-offenses challenges traditional legal frameworks, particularly in defining liability and proving criminal intent in virtual environments. Knowledge Gap: Despite ongoing reforms, there is limited clarity on how legal systems conceptualize and apply core criminal law principles such as actus reus and mens rea to cybercrime, particularly across diverse jurisdictions. Aims: This study investigates the evolving definitions of criminal responsibility in cybercrime, analyzes the adaptation of legal systems to digital threats, and explores the evidentiary challenges in proving guilt within cyberspace. Results: The findings confirm that while actus reus and mens rea remain applicable, their interpretation in digital contexts becomes significantly complex. Key challenges include jurisdictional disputes, offender anonymity, and digital evidence admissibility. Novelty: Through doctrinal and comparative legal research, this study presents a multi-jurisdictional analysis spanning the U.S., E.U., Asia, and the Middle East, offering a comprehensive perspective on legal convergence in addressing cybercrime. Implications: Legal systems must innovate by enacting precise cybercrime statutes, investing in digital forensic capabilities, enhancing professional education, and fostering global legal harmonization to ensure effective cyber justice. Highlights: Redefining Crime Elements: Adapting actus reus and mens rea digitally. Legal Reform Needed: Update laws, boost digital investigation capacity. Global Coordination Required: Harmonize international laws for cybercrime enforcement. Keywords: Cybercrime, Criminal Responsibility, Digital Evidence, Comparative Law, Legal Reform
Alternative Sanctions in Criminal Justice: A Comparative Legal Study: Sanksi Alternatif dalam Peradilan Pidana: Sebuah Studi Perbandingan Hukum Riyadh Hussain Taqi
Academia Open Vol. 10 No. 1 (2025): June
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/acopen.10.2025.10848

Abstract

General Background: Modern criminal justice systems are increasingly shifting toward alternative sanctions to incarceration, responding to the humanitarian, social, and economic burdens of traditional punitive measures. Specific Background: Overcrowded prisons, escalating costs, and rising crime rates highlight the inefficiency of imprisonment-centered policies. Knowledge Gap: Despite international recognition of alternatives, there remains limited comparative research on their effectiveness, legal structures, and practical implementation across diverse legal systems. Aims: This study investigates the legal frameworks, enforcement mechanisms, and operational challenges of alternative sanctions—including community service, house arrest, electronic monitoring, fines, and rehabilitation—across four countries: France, the United States, Saudi Arabia, and Egypt. Results: The findings reveal variations in the success of alternative sanctions based on legislative support, enforcement resources, and public acceptance. Strong institutional backing and legal clarity are key to effective implementation. Novelty: By combining descriptive and comparative analyses using legal texts, judicial decisions, human rights reports, and academic literature, the study uniquely synthesizes multi-jurisdictional insights on non-custodial sanctions. Implications: The research advocates for reinforced legal infrastructures, capacity-building within enforcement bodies, and public awareness campaigns to ensure sustainable application of humane and cost-effective alternatives to imprisonment. Highlights: Shift from prison to humane alternative sanctions Comparative study of four legal systems Emphasizes law, enforcement, and public awareness Keywords: Alternative sanctions, criminal justice, imprisonment, legal systems, rehabilitation