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All Journal International Journal of Law Society Services Al-Istinbath: Jurnal Hukum Islam
Anis Mashdurohatun
Faculty of Law, Sultan Agung Islamic University, Semarang
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Beyond Formal Legality: A Maqashid al-Shari'ah Approach to Ethical Legitimacy in Electronic Consent across Notarial, Healthcare, and Child Protection Practices Anis Mashdurohatun; Naimah; Raendhi Rahmadi; Ismayana; Hari Suparjo
AL-ISTINBATH : Jurnal Hukum Islam Vol 11 No 1 (2026)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/jhi.v11i1.16236

Abstract

The rapid expansion of digital technology has transformed consent practices across various sectors, including notarial services, healthcare, and child protection. While electronic consent mechanisms are increasingly recognized as legally valid, concerns remain regarding their ability to ensure meaningful autonomy, informed understanding, and protection of vulnerable individuals. This study aims to examine the ethical limitations of contemporary electronic consent regimes and to evaluate them through the normative framework of maqashid al-shari‘ah. Employing doctrinal and comparative legal research, the study analyzes Indonesian digital legal regulations alongside selected international frameworks, including the General Data Protection Regulation (GDPR), the Children’s Online Privacy Protection Act (COPPA), and the United Kingdom’s Age Appropriate Design Code. The findings reveal that legally valid electronic consent often functions as procedural authorization rather than substantive ethical consent. In notarial services, consent mechanisms primarily verify identity without adequately ensuring voluntariness; in healthcare, digital consent may fail to secure meaningful patient comprehension; and in child protection, click-based consent frequently overlooks the limited capacity and vulnerability of minors. These findings indicate a persistent gap between legal validity and ethical legitimacy in digital governance. The study concludes that maqashid al-shari‘ah provides a human-centered framework that reorients electronic consent from procedural compliance toward the protection of autonomy, dignity, welfare, and vulnerable users in digitally mediated environments.
The Preventing Narcotics and Illegal Drug Abuse Toward Indonesia’s Golden Vision 2045 Sri Endah Wahyuningsih; Anis Mashdurohatun
International Journal of Law Society Services Vol 5, No 1 (2025): International Journal of Law Society Services
Publisher : LAW FACULTY UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/ijlss.v5i1.48936

Abstract

Abuse of narcotics and illegal drugs poses a serious threat to the development of Indonesia’s human resources, particularly among adolescents who represent the backbone of the nation’s future. According to data from the National Narcotics Agency (BNN, 2024), the prevalence of drug abuse in Indonesia has reached 1.73% of the productive-age population, with an increasing trend among students and university youth. This community service program aims to enhance adolescents’ awareness, knowledge, and resilience against the dangers of drug abuse through educational and participatory approaches based on school and community engagement in Banjarnegara Regency, Central Java. The implementation method adopts Participatory Action Research (PAR), consisting of stages such as socialization, peer educator training, the digital campaign “Generasi Bersinar 2045” (Shining Generation 2045), and evaluation through pre-test and post-test to measure program effectiveness. The results indicate a 49% increase in participants’ knowledge after the activities, the establishment of an anti-drug student network, and greater school participation in the “Drug-Free School” (Bersinar) movement. This program contributes to the achievement of Sustainable Development Goal (SDG) No. 3 – Good Health and Well-being, and supports human resource development toward Golden Indonesia 2045.
Co-Authors Hari Suparjo Ismayana Naimah Raendhi Rahmadi Sri Endah Wahyuningsih