Written by Frihat Lawyers & Legal Consultants
The Difference Between Cybercrime and Information Crime
With the rapid technological development, it has become essential to distinguish between two types of crimes related to the digital world: cybercrime and information crime. Both involve the use of technology, but the scope of each differs.
🔸 Cybercrime
Cybercrime refers to any unlawful act committed using computers or the internet as a means or target. It includes all criminal activities carried out via the digital network, such as online fraud, cyber-extortion, hacking accounts, and privacy violations on social media platforms.
🔸 Information Crime
This type specifically targets information itself. It focuses on data or information systems as the object of the crime. Examples include manipulating data, destroying it, or unauthorized access to computer systems to alter, delete, or steal information.
🔹 Key Difference
The main distinction is that cybercrime is broader, encompassing all crimes committed using electronic means, whereas information crime is limited to attacks on information or technical systems themselves, not necessarily affecting individuals or property online.
Representation of Minors by Legal Guardians According to Article 79
Representing a minor in court is a sensitive legal matter, as it directly affects the validity of litigation and the integrity of procedures. Legal capacity has a direct impact on the acceptance of claims and the legality of proceedings. Legal provisions therefore establish clear rules on who can legally represent a minor and the consequences of the absence of such representation.
1. Requirement of Legal Capacity in Litigation – Article 79
Article 79 establishes a fundamental principle in the Code of Civil Procedure, stating:
“Each party to a dispute must enjoy the legal capacity related to the claim; otherwise, they must be represented by someone legally authorized. If no legal representative exists, the competent court shall appoint someone to represent them.”
From this provision, it is understood that:
- Legal capacity is a prerequisite for the admissibility of any claim.
- If a party lacks legal capacity (as in the case of a minor), they must be represented by a legal guardian or custodian.
- If no legal representative is available, the competent court intervenes to appoint someone to protect the minor’s rights.
Thus, representing a minor is a matter of public order, and the nullity of litigation can be invoked at any stage of the proceedings if proper representation is absent.
2. The Natural Guardian of a Minor
According to both Sharia and civil law, the natural guardian of a minor is the father.
He alone has the direct authority to manage the minor’s affairs and represent them in:
- Civil lawsuits
- Legal transactions
- Court proceedings before various courts
Unless there is a proven legal or religious impediment preventing him from exercising guardianship.
3. The Mother Is Not a Natural Guardian – The Necessity of Legal Custodianship
Despite the natural relationship between a mother and her minor child, the law does not grant her the status of a natural guardian. Therefore, she is not authorized to:
- File a lawsuit on behalf of the minor
- Sign legal documents in their name
- Waive or settle matters concerning the minor
Unless she obtains a legal custodianship (wasaya) issued by the competent Sharia court.
This custodianship is a formal procedure intended to ensure:
- A genuine interest in the minor’s welfare
- The suitability and competence of the person requesting custodianship
- The guardian’s ability to manage the minor’s affairs and protect their rights
4. The Court Competent to Appoint a Guardian
In accordance with Article 79, the competent court to appoint a guardian for a minor is the Sharia court, which holds authority to:
- Issue guardianship rulings
- Define the powers of the guardian
- Supervise the guardian’s actions and hold them accountable when necessary
Without such a legal decision, any representation of a minor in court is invalid.
5. Effect of Invalid Representation of a Minor
If a lawsuit is filed on behalf of a minor by a person without legal guardianship or custodianship, then:
- The litigation is null and void due to lack of standing.
- The nullity is a matter of public order and can be invoked at any stage of the proceedings.
- The court may allow a period to correct the situation by obtaining legal custodianship if it is in the minor’s best interest.
Thus, the lawsuit cannot proceed legally until this fundamental requirement is fulfilled.
Conclusion
Representing a minor in litigation is not merely a formality, but a fundamental guarantee to protect their rights and safeguard their interests.
Article 79 serves as the cornerstone for regulating this representation, requiring either legal capacity or a lawful representative with proper authority.
While the father remains the natural guardian, representation by the mother or any other person requires a formal custodianship issued by the competent court.
Failure to meet this condition renders the litigation invalid, as it involves matters of public order.