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Establishing an Ethical Digital Public Sphere Based on the Principles of Pancasila Risman Setiawan
Smart: Journal of Global Islamic Studies and Social Science Vol. 1 No. 2 (2026): Smart: Journal of Global Islamic Studies and Social Science (SGISci)
Publisher : Divisi Penelitian dan Pengabdian Masyarakat Yayasan Cerdas Pedia Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65101/sgisci.v1i2.44

Abstract

This study examines the construction of a digital public space grounded in Pancasila's values to strengthen national ethics and character in response to the digital civilization crisis. It addresses the decline in civility among the Indonesian public and the widespread dissemination of hoaxes and hate speech in digital environments. The research employs a normative legal method, utilizing a conceptual approach and a literature review of relevant. Findings indicate that Pancasila, as a Volkgeist, plays a significant role in regulating digital behavior, with each principle serving as an indicator of digital ethics. Pancasila's values function as an effective filter to mitigate the ethical crisis in the digital sphere. Integrate Pancasila values into the regulation and practice of the digital public sphere and recommends developing national digital ethics standards grounded in Pancasila. The practical guidelines are provided for policymakers to foster an ethical digital public space that reflects the spirit of Pancasila.
The Influence of Islamic Law on National Legal Development: Indonesia Constitutional Perspective Risman Setiawan
Smart: Journal of Islamic Religion and Sharia Studies Vol. 1 No. 2 (2026): Smart: Journal of Islamic Religion and Sharia Studies (SSharia)
Publisher : Divisi Penelitian dan Pengabdian Masyarakat Yayasan Cerdas Pedia Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65101/ssharia.v1i2.45

Abstract

This study analyzes the constitutional status of Islamic law and its substantial contribution to the development of Indonesian national law. The primary issue concerns the dynamics of integrating Sharia values into the Pancasila rule-of-law framework, which frequently encounters challenges in regulatory harmonization. This research employs normative legal analysis, utilizing legislative, conceptual, and case-based approaches. The findings demonstrate that Islamic law has  strong legal foundation under Articles 24 and 29 of the 1945 Constitution of the Republic of Indonesia and contributes significantly by transforming norms into national legislation, such as Sharia economic law and halal product certification. In summary, Islamic law constitutes an organic element that reinforces the national legal system. The implications of this research highlight the need to elevate the legal status of Sharia instruments to the level of law to ensure legal certainty. These findings advance the theory of religious constitutionalism in the context of Indonesia's legal development.
Legal Analysis of Restorative Justice Implementation to Protect Press Freedom in Indonesia Risman Setiawan
Smart: Journal of Criminal Law Review and Analysis Vol. 1 No. 2 (2026): Smart: Journal of Criminal Law Review and Analysis (SCrim)
Publisher : Divisi Penelitian dan Pengabdian Masyarakat Yayasan Cerdas Pedia Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65101/scrim.v1i2.46

Abstract

This study provides a legal analysis of restorative justice as a mechanism to better safeguard press freedom from potential criminalization in Indonesia. The main issue examined is the growing use of retributive criminal law against journalistic activities, which threatens the democratic role of the press. This research uses a normative legal method with statutory and conceptual approaches. The findings show that penal mediation, as a form of restorative justice, offers an integrative model for resolving news-related disputes while maintaining the public’s right to information. The application of the ultimum remedium principle through technical law-enforcement regulations can reduce the harmful impact of defamation provisions in the ITE Law on journalists. Restorative justice therefore becomes an urgent legal necessity to balance protection of journalists’ dignity with the press’s social control function. This study recommends regulatory harmonization by recognizing Press Council mediation outcomes as grounds for case dismissal in Indonesia’s criminal justice system.