Article Per Year (5 Year)
p-Index From 2021 - 2026
0.408
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This Author published in this journals
All Journal The Journal of Society and Media Tanfizi : Journal of Islamic Constitutional and Political Law
Muhammad Diyaulhaq Rais
Kahramanmaraş Sütçü Imam Üniversitesi
Religion Humanities Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

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Reformulation of Criminal Justice Paradigm in 2023 Criminal Code: A Comparative Analysis of Human Rights and Islamic Legal Principles Osamah Naufal Rahman; Risma Maulidar; Muhammad Diyaulhaq Rais
Tanfizi : Journal of Islamic Constitutional and Political Law Vol. 2 No. 1 (2026): June 2026
Publisher : Program Studi Hukum Tata Negara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30983/tanfizi.v2i1.11187

Abstract

The enactment of the 2023 Criminal Code marks a paradigm shift toward a more humane approach to punishment, one that is normatively grounded and aligned with human rights principles. This study stems from the tension between the classical retributive orientation of punishment and the global trend emphasizing corrective, rehabilitative, and restorative approaches, as well as respect for human rights. This study employs a descriptive-analytical normative qualitative method. Primary data sources include the Criminal Code and human rights instruments, while secondary data is drawn from books and journals on modern criminal justice. Modern Criminal Law is transforming into a human rights-based legal system rooted in the concept of human dignity and grounded in international human rights instruments, encompassing civil and political rights, economic, social, and cultural rights, as well as the rights of children, women, persons with disabilities, migrant workers, and the prohibition of torture. This requires continuous coordination among legal enforcers and practitioners. A human rights-based approach requires clear and empirically tested evaluative indicators to ensure the stable implementation of the law without discrimination. Reform must be accompanied by measurable and empirically verifiable evaluative parameters to ensure stable law enforcement. Ibn al-Qayyim stated that law enforcement is not only intended to punish but also to realize justice and the public good and to prevent harm. This indicates a normative alignment between modern human rights-based criminal law and the principles of Islamic law in positioning the human being as a subject whose dignity must be protected to ensure that law enforcement proceeds fairly, stably, and without discrimination.
Wisdom in the Digital Era: Bridging Human Rights, Indonesian Cyber Law, and Progressive Fiqh Iffatin Nur; Indri Hadisiswati; Hiba Fajarwati; Haniefa Nuruddienil Fithriy; Muhammad Diyaulhaq Rais
The Journal of Society and Media Vol. 10 No. 1 (2026): Social Transformation in the Digital Media Ecosystem
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26740/jsm.v10n1.p315-340

Abstract

Digital technologies have reconfigured the landscape of public discourse, religious expression, and civic participation, generating both democratic opportunities and profound ethical challenges. While existing legal frameworks seek to regulate harmful online behavior, law alone proves insufficient to cultivate responsible digital conduct. This article argues that wisdom (ḥikmah) constitutes a critical, yet under- explored, ethical capacity for navigating the digital public sphere. Employing a normative–philosophical legal methodology, this study integrates three normative traditions: international human rights law, Indonesia’s Electronic Information and Transactions Law (EIT Law/UU ITE), and Progressive Fiqh grounded in maqāṣid al-sharī’ah, maṣlaḥah, and istiḥsān. Through conceptual and comparative analysis, the article demonstrates how wisdom functions as a mediating moral rationality that harmonizes freedom of expression with human dignity and social responsibility. The findings propose a model of “digital wisdom” that shifts governance from reactive legal control toward anticipatory ethical responsibility. This framework contributes to contemporary debates on digital governance, Islamic legal theory, and human rights by offering a culturally grounded yet universally resonant model of ethical digital citizenship. Future studies are encouraged to empirically examine how wisdom-based ethical frameworks can be institutionalized through digital literacy education, judicial practice, and religious discourse in diverse socio-legal contexts
Co-Authors Haniefa Nuruddienil Fithriy Hiba Fajarwati Iffatin Nur Indri Hadisiswati Osamah Naufal Rahman Risma Maulidar