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Qadriah, Fauza
Dharmayukti Bangsa Legal Aid Institute
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Shipping Opinions Through Demostrations Which Cause Road Qadriah, Fauza; Syakilah, Putri
AT-TAFAHUM: Journal of Islamic Law Vol 3, No 2 (2019)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.7006/attafahum.v3i2.29167

Abstract

Expressing opinions in public is an act that is permitted and legally protected by law. In general, everyone has the right to freedom of opinion, assembly, and expression as regulated in Article 28E Paragraph (3) of the 1945 Constitution of the Republic of Indonesia. Furthermore, these rights are also regulated under Law Number 9 of 1998 concerning Freedom of Expression in Public and Law Number 2 of 2002 concerning the Indonesian National Police. Freedom of expression is a fundamental human right owned by every citizen and serves as an important element in the implementation of democracy in Indonesia. However, in practice, the exercise of expressing opinions through demonstrations often creates problems that may undermine democratic values themselves. Demonstrations occasionally develop into anarchic actions, including acts of violence, destruction of public facilities, disruption of public order, and traffic congestion that negatively affect surrounding communities. Such conditions may cause material and immaterial losses and create social unrest. This study aims to analyze the legal regulations governing demonstrations in Indonesia and examine law enforcement efforts against demonstrators who engage in anarchic behavior. The research uses a normative legal research method with statutory and conceptual approaches by analyzing relevant laws and legal literature. The findings indicate that although freedom of expression is constitutionally guaranteed, its implementation must remain within the limits established by law and respect public order, security, morality, and the rights of others. Therefore, effective law enforcement and increased public legal awareness are necessary to ensure that demonstrations remain peaceful, orderly, and consistent with democratic principles and the rule of law.
Implementation Of Islamic Values In The 2019 Election In Indonesia Qadriah, Fauza; Siswoyo, Raihansyah Hafidz
AT-TAFAHUM: Journal of Islamic Law Vol 4, No 2 (2020)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.7006/attafahum.v4i2.29127

Abstract

This paper examines issues related to Islamic politics within the context of a culturally diverse country, particularly Indonesia, where religion and politics often intersect in shaping social and governmental structures. In Islamic perspectives, politics functions as an instrument to maintain justice, social harmony, and public welfare. However, many people perceive politics negatively, associating it with power struggles, manipulation, and practices inconsistent with moral or religious values. Consequently, politics is often viewed as something that should be avoided, despite its significant role in religious and societal life. This condition raises important questions regarding how the quality and implementation of Islamic political values influence the electoral system in Indonesia. The rapid development of Islamic political discourse, accompanied by various interpretations and hypotheses, indicates that politics grounded in Islamic principles should reflect justice, equality, deliberation, and the protection of rights for all members of society. Therefore, understanding the relationship between Islamic politics and democratic processes becomes increasingly important in contemporary Indonesia. This study employs a normative-sociological approach by analyzing legal norms alongside social realities through exploratory methods. Data were obtained from interviews with informants and supported by secondary sources, including books, scientific journals, and other academic literature. The findings are expected to provide a broader understanding of the role of Islamic political values in strengthening democratic practices and promoting a fair and inclusive electoral system in Indonesia.
Co-Authors Siswoyo, Raihansyah Hafidz Syakilah, Putri