| dc.contributor.author | MOHAMMED, AMMAR ABDULLAH SAEED | |
| dc.contributor.author | NAWANG, NAZLI ISMAIL | |
| dc.contributor.author | RAHMAN, HUSSIN AB | |
| dc.date.accessioned | 2017-07-21T02:11:55Z | |
| dc.date.available | 2017-07-21T02:11:55Z | |
| dc.date.issued | 2017-04-04 | |
| dc.identifier.uri | http://repository.umy.ac.id/handle/123456789/11643 | |
| dc.description | Criminal legality is a principle that promotes justice and stability. A judge cannot criminalise or
expand the interpretation of any existing laws to criminalise new actions or offences that are not provided
by the legislature. Article 47 of the Yemeni Constitution 1990 states that “No crime or punishment shall
be undertaken without a provision of Shari’ah or law”. Further, section 2 of the Yemeni Penal Code 1994
states that “crime and punishment must be defined by law as such”. Unfortunately, cybercrime is one of
the new offences that are not specifically regulated by Yemeni laws. Since cybercrime is one of the greatest
threats facing international community, this paper attempts to examine the criminal legality affecting
cybercrime in Yemen. This study is a purely doctrinal legal research and data were collected from both
primary and secondary sources like books, articles, legal doctrines, statutes and many others. To sum up,
Article 47 of the Yemeni Constitution 1990 and section 2 of the Yemeni Penal Code 1994 generally cover
traditional offences that are committed on the Internet and via computer such as online pornography
and online defamation. Nonetheless, serious issues arise with regard to new offences that can only be
committed in the cyber world such as hacking and spamming as they are nowhere provided in the Yemeni
legal framework. | en_US |
| dc.description.abstract | Criminal legality is a principle that promotes justice and stability. A judge cannot criminalise or
expand the interpretation of any existing laws to criminalise new actions or offences that are not provided
by the legislature. Article 47 of the Yemeni Constitution 1990 states that “No crime or punishment shall
be undertaken without a provision of Shari’ah or law”. Further, section 2 of the Yemeni Penal Code 1994
states that “crime and punishment must be defined by law as such”. Unfortunately, cybercrime is one of
the new offences that are not specifically regulated by Yemeni laws. Since cybercrime is one of the greatest
threats facing international community, this paper attempts to examine the criminal legality affecting
cybercrime in Yemen. This study is a purely doctrinal legal research and data were collected from both
primary and secondary sources like books, articles, legal doctrines, statutes and many others. To sum up,
Article 47 of the Yemeni Constitution 1990 and section 2 of the Yemeni Penal Code 1994 generally cover
traditional offences that are committed on the Internet and via computer such as online pornography
and online defamation. Nonetheless, serious issues arise with regard to new offences that can only be
committed in the cyber world such as hacking and spamming as they are nowhere provided in the Yemeni
legal framework. | en_US |
| dc.language.iso | en | en_US |
| dc.publisher | Faculty of Law & Board of Research, Educational Development and Community Empowerment (LP3M) Universitas Muhammadiyah Yogyakarta | en_US |
| dc.subject | Criminal legality, Cybercrime, Legal framework in Yemen. | en_US |
| dc.title | CRIMINAL LEGALITY AFFECTING CYBERCRIMES IN YEMEN | en_US |
| dc.type | Book | en_US |
