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All Journal Iustitia: Journal of Legal Theory, Politics, and International Relations Corpus: International Journal of Law and Political Authorit Safīnah: Indonesian Journal of Sharia and Islamic Sciences
Ihsan Ihsan
Universitas Sebelas Maret

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State Responsibility in Protecting Citizens’ Digital Rights under Indonesian Constitutional Law Bayu Romadon; Ihsan Ihsan; Muslim Muslim
Iustitia: Journal of Legal Theory, Politics, and International Relations Vol. 1 No. 2 (2026): May: Iustitia: Journal of Legal Theory, Politics, and International Relations
Publisher : CV SCRIPTA INTELEKTUAL MANDIRI

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This study examines the constitutional construction of state responsibility in protecting citizens digital rights under Indonesian constitutional law within the context of expanding digital governance and increasing risks of surveillance based state intervention. The research employs non empirical normative legal research grounded in doctrinal, statutory, conceptual, and constitutional approaches through analysis of the Constitution of the Republic of Indonesia of 1945, the Electronic Information and Transactions Law, the Personal Data Protection Law, the Human Rights Law, Constitutional Court decisions, and relevant digital constitutionalism scholarship. The findings demonstrate that constitutional guarantees concerning privacy, freedom of expression, and informational autonomy have not yet been translated into coherent operational legal mechanisms capable of limiting excessive digital surveillance and protecting online civil liberties. Indonesian digital governance continues to reflect fragmented regulatory structures, weak institutional accountability, and insufficient constitutional safeguards concerning algorithmic governance and state monitoring practices. The study proposes a reconstruction of constitutional state obligations based on proportionality, democratic constitutionalism, judicial accountability, and algorithmic due process in order to establish enforceable constitutional protections capable of preserving civil liberties and democratic participation within technologically mediated governance systems.
Constitutional Limits of Emergency Powers: Judicial Review and Democratic Resilience in Contemporary Constitutional States Josef Okemba; Muhammad Ridho Rahman; Ihsan Ihsan
International Journal of Law and Political Authority Vol. 1 No. 2 (2026): : April: Corpus: International Journal of Law and Political Authority
Publisher : CV SCRIPTA INTELEKTUAL MANDIRI

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The expansion of emergency powers in contemporary constitutional states has generated profound tensions between the necessity of rapid executive action and the preservation of constitutional limits, particularly in contexts where extraordinary measures risk normalizing deviations from democratic principles and weakening institutional checks and balances. This study addresses the unresolved problem of how constitutional systems can effectively constrain emergency powers while maintaining democratic resilience, with a specific focus on the role of judicial review as a mechanism of constitutional control. Employing a normative juridical method grounded in doctrinal and comparative legal analysis, this research examines constitutional provisions, emergency law statutes, and constitutional court decisions derived from constitutional court databases, supported by interpretive approaches including systematic, teleological, and comparative methods. The findings reveal that constitutional limits are operationalized through judicial review practices that conditionally validate emergency measures while imposing substantive and procedural constraints, thereby preventing the entrenchment of exceptional governance. The analysis further demonstrates that the effectiveness of these limits depends on institutional integrity, interpretive coherence, and socio-legal factors such as constitutional culture and public trust, which collectively shape the capacity of constitutional systems to withstand crisis without eroding democratic norms. This study contributes to the theoretical development of constitutional resilience by integrating normative, empirical, and socio-legal perspectives, while also offering methodological insights through the combined use of doctrinal analysis and judicial data.  
The Development of Contemporary Fatwas on Artificial Intelligence: A Comparative Study of Islamic Legal Reasoning Mu'tasim Fikri; Ihsan Ihsan; Fiqi Restu Subekti; Renol Hasan; Fu'ad Sholikhi
Indonesian Journal of Sharia and Islamic Sciences Vol. 1 No. 2 (2026): : May: Safīnah: Indonesian Journal of Sharia and Islamic Sciences
Publisher : CV SCRIPTA INTELEKTUAL MANDIRI

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The rapid advancement of artificial intelligence (AI) has generated significant debates regarding its role in Islamic legal reasoning and the legitimacy of AI-assisted fatwas. This study aims to comparatively analyze the development of contemporary fatwas on artificial intelligence by examining the legal reasoning, epistemological foundations, and ethical principles adopted by contemporary Islamic scholars. A qualitative non-empirical approach was employed through a systematic literature review of recent academic publications and contemporary studies on AI, Islamic jurisprudence, fatwa authority, and digital governance. The findings identify three dominant jurisprudential models: restrictive, collaborative, and adaptive. Although these models differ in their evaluation of AI participation in legal reasoning, they consistently affirm that AI cannot independently perform ijtihad or replace qualified jurists. The analysis further demonstrates that contemporary debates have shifted from technological capability toward governance, accountability, and human oversight as the primary determinants of legal legitimacy. This study proposes an integrated governance framework that combines uṣūl al-fiqh, maqāṣid al-sharīʿah, and human-centered supervision to support the responsible integration of AI into Islamic legal institutions while preserving the epistemological integrity and normative authority of Islamic jurisprudence.
Co-Authors Bayu Romadon Fiqi Restu Subekti Fu'ad Sholikhi Hasan, Renol Josef Okemba Mu'tasim Fikri Muhammad Ridho Rahman Muslim Muslim