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Justice in the Internet Context: The Protection of Freedom of Expression Online Post Constitutional Court Decision Number 105/PUU-XXII/2024 Hadi, Syofyan
Mimbar Keadilan Vol. 18 No. 2 (2025): Agustus 2025
Publisher : Faculty of Law, Universitas 17 Agustus 1945 Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30996/mk.v18i2.131947

Abstract

The purpose of this study is to analyze justice on the Internet post Constitutional Court Decision Number 105/PUU-XII/2024 which provide strengthening of protection of freedom of expression on the Internet. This research is a normative legal research with a statutory, conceptual, and case approach. The results of the study found that restrictions on freedom of expression on the Internet in the Law on Electronic Information and Transaction are problematic because they are irrational, unfair, disproportionate, and tend to conflict with the 1945 Constitution of the Republic of Indonesia. Through Decision Number 105/PUU-XII/2024, the Constitutional Court has realized justice on the Internet by providing proportional protection of freedom of expression on the Internet. The decision provides freedom for everyone to express themselves on the Internet, such as conveying criticism, provided that their expression does not degrade the dignity or good name of others. Government institutions, professions, or positions are excluded from subjects that can be victims of defamation. The government can no longer prosecute citizens who criticize the policies it has taken. The decision provides guidelines for enforcing the law against violations of freedom of expression on the Internet.
Limitations on the Authority of the Constitutional Court as a Positive Legislator Anugrah, Narendra Putra; Hadi, Syofyan
DiH: Jurnal Ilmu Hukum Volume 21 Nomor 2 Agustus 2025
Publisher : Doctor of Law Study Program Faculty of Law, Universitas 17 Agustus 1945 Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30996/dih.v0i0.132070

Abstract

The authority of the Constitutional Court in Indonesia’s constitutional system has shifted from merely being a negative legislator to a tendency toward becoming a positive legislator. This phenomenon is reflected in various decisions that not only invalidate norms that contradict the Constitution but also establish new legal norms. This study aims to examine the urgency of limiting the Constitutional Court’s authority in acting as a positive legislator and to formulate a limitation model that prevents the Court from exceeding legislative boundaries. This research uses a normative legal method with statutory, case, and conceptual approaches and is analyzed prescriptively and critically based on primary and secondary legal materials. The findings show that the Constitutional Court’s expansive role as a positive legislator has the potential to lead to judicial supremacy and juristocracy, which are inconsistent with the principle of separation of powers. Therefore, limiting the Constitutional Court’s authority is necessary to maintain the constitutional balance among branches of state power. This study proposes the use of Mahfud MD’s “Ten Limiting Guidelines” as a normative framework, complemented by two original models: the Constitutionally Bounded Interpretation Protocol, which emphasizes that judicial interpretation must remain confined to the text, structure, and principles of the Constitution; and the Institutional Dialogue Model, which encourages legislative involvement in the follow-up to Constitutional Court decisions. These models aim to ensure that the Constitutional Court remains within its constitutional role as guardian of the Constitution, without encroaching upon the legislative domain
Historical Semantics in the Word “Slander” in the al-Qur’an Pohan, M. Riduan; Hadi, Syofyan
Jiluna Arabiyah: Jurnal Bahasa Arab dan Pendidikan Bahasa Arab Vol 3 No 1 (2025): Jiluna Arabiyah
Publisher : STAI At-Tahdzib Rejoagung Ngoro Jombang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61181/jiluna.v3i1.521

Abstract

Semantic studies of the al-Qur’an play an important role in understanding the deep meaning of the vocabulary used in the divine revelation. One important approach in this study is Toshihiko Izutsu’s semantic approach, which examines key terms in the al-Qur’an to reveal the worldview (weltanschauung) contained therein. This study focuses on the semantic analysis of the word “slander” which is often used in everyday life but has narrowed its meaning in the general context of society. Izutsu’s approach involves synchronic and diachronic analysis of key terms to explore changes in meaning from the pre-Qur’anic, Qur’anic, to post-Qur’anic periods. The results of the study show that the word “slander” lexically comes from a root word meaning “to burn” or “to test the purity of metal”, which then develops in the al-Qur’an into various meanings such as a test of faith, polytheism, torture, and persecution. In the contemporary context, the meaning of slander has expanded to include acts of social injustice, hoaxes, and political tension. Through Izutsu’s approach, it can be understood that “slander” in the Qur’anic worldview is a divine selection process to test the quality of human faith, as well as being a description of the ethical, social, and spiritual interactions of humanity within the framework of the Qur’anic worldview.
Al-Ṭarīqah al-Naqshabandīyah al-Khālidīyah fī Minangkabau: Dirāsat Makhṭūṭat al-Manhal al-‘Adhbī li Dhikr al-Qalb Hadi, Syofyan
Studia Islamika Vol. 18 No. 2 (2011): Studia Islamika
Publisher : Center for Study of Islam and Society (PPIM) Syarif Hidayatullah State Islamic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/sdi.v18i2.435

Abstract

This article provides new evidence that differs from the previous studies on the presence and dynamics of the teachings of Naqshabandiyah Khalidiyah sufi order in Minangkabau. The article shows that Naqshabandiyah Khalidiyah sufi order had come and develop in Minangkabau at the beginning of the 19th century through the east cost of West Sumatra under the influence and effort made by Shaykh Isma'il al-Khalidi al-Minangkabawi. This article therefore attempts to place Shaykh Isma'il al-Khalidi al-Minangkabawi in accordance with his role as the central figure of Naqshabandiyah sufi order in Minangkabau.DOI: 10.15408/sdi.v18i2.435