Muslim Muslim
Universitas Negeri Yogyakarta

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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.
Digital Surveillance and the Right to Privacy: Legal Challenges of State Authority in the Era of Big Data Governance Awais Syafik; Muslim Muslim; Imroatun Solekah
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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This study examines the legal challenges arising from digital surveillance practices and the protection of privacy rights within the expanding framework of big data governance. The research employs an empirical legal approach grounded in normative analysis through examination of statutory regulations, judicial decisions, and institutional monitoring reports concerning state surveillance authority, personal data protection, and digital governance practices. Primary legal materials consist of Indonesian personal data protection and electronic information regulations, while secondary sources include comparative legal scholarship, privacy doctrine, surveillance theory, and reports issued by privacy watchdog institutions. The findings demonstrate that contemporary surveillance governance increasingly operates through algorithmic systems, biometric monitoring, predictive analytics, and automated decision making infrastructures that extend beyond conventional legal safeguards regulating personal data processing. Existing legal frameworks provide formal recognition of privacy rights and data protection obligations, yet institutional implementation remains constrained by weak oversight mechanisms, fragmented accountability structures, and limited regulation of artificial intelligence based surveillance systems. The study argues that future constitutional protection requires regulatory reconstruction integrating algorithmic accountability, collective privacy protection, independent supervisory institutions, and adaptive governance principles capable of limiting disproportionate exercises of digital state authority.
Islamic Perspectives on Climate Justice: Reconstructing Environmental Ethics Through Maqāṣid al-Sharī‘ah Moh. Imron Rosidi; Ali Anhar Syi’bul Huda; Syalaisha Renaisse Fathiha; Muslim Muslim; Wan Muna Marwah
Indonesian Journal of Sharia and Islamic Sciences Vol. 1 No. 2 (2026): : May: Safīnah: Indonesian Journal of Sharia and Islamic Sciences
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Climate justice has emerged as a critical normative issue that requires ethical and legal frameworks capable of integrating environmental sustainability with social welfare and intergenerational responsibility. This study aims to reconstruct Islamic environmental ethics through the perspective of maqāṣid al-sharī‘ah and to formulate an integrated conceptual framework for contemporary climate governance. The research employed a qualitative normative legal approach using library research, drawing upon recent scholarly literature on Islamic environmental law, ecological jurisprudence, environmental ethics, and maqāṣid al-sharī‘ah. Data were analyzed through qualitative content analysis and conceptual synthesis to identify key normative principles and develop an Eco-Maqāṣid framework. The findings demonstrate that environmental preservation should be understood as a foundational legal objective supporting the realization of public welfare, justice, and sustainable development. The study further shows that integrating the principles of tawḥīd, khilāfah, mīzān, and maqāṣid al-sharī‘ah provides a coherent ethical foundation for preventive environmental governance, institutional accountability, and climate resilience. The proposed Eco-Maqāṣid framework contributes theoretically by synthesizing fragmented discussions on Islamic environmental ethics into a unified analytical model and offers a normative reference for strengthening climate governance within contemporary Islamic legal thought.