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All Journal Jambura Law Review JURIS (Jurnal Ilmiah Syariah)
Hikam Hulwanullah
University of Melbourne
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Characteristics of Hate Speech and Freedom of Expression in the Perspective of Maqāṣid Al-Sharī’ah Agus Purnomo; Umi Sumbulah; Nor Salam; Hikam Hulwanullah
JURIS (Jurnal Ilmiah Syariah) Vol 22, No 1 (2023)
Publisher : Institut Agama Islam Negeri Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31958/juris.v22i1.9446

Abstract

This article discusses the model of freedom of speech that is prohibited and categorized as hate speech using the maqāṣid al-sharī’ah approach. The prohibition and sanctioning of hate speech has been a dilemma. On the one hand, it prevents someone from hurting other people’s feelings. On the other hand, it violates freedom of speech. This research is a literature study in which the data were obtained from the texts of the Qur’an. Through normative-empirical and maqāṣid al-sharī’ah approaches, this study reveals that freedom of speech is part of human rights, which in the maqāṣid al-sharī’ah perspective can be categorized as protection of freedom of thought (ḥifẓ al-’aql). However, when freedom of speech is not controlled, it can potentially become hate speech that can threaten another maqāṣid al-sharī’ah, namely the protection of the soul (ḥifẓ al-nafs). The identification and categorization of an action as hate speech or an expression of freedom of speech are based on the benefits. The findings of this study are expected to educate the public in distinguishing between freedom of speech and hate speech according to maqāṣid al-sharī’ah to minimize conflict and hostility.
Celebrity Persona: Can Intellectual Property Law in Indonesia Provide Adequate Protection? Ayu Mustika Pamungkas; Hikam Hulwanullah
Jambura Law Review VOLUME 7 NO. 1 JANUARY 2025
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/jlr.v7i1.27579

Abstract

The vast economic turnover in the showbiz industry, which consistently involves numerous celebrities in merchandising activities as a form of product and service marketing, does not always yield positive impacts for the celebrities themselves. Numerous cases involve the unauthorized use of a celebrity persona, often resulting in legal disputes. This study aims to delve deeper into the legal protection of celebrity personas, particularly regarding their use by third parties, which may cause economic and moral losses for the persona owners. Employing normative legal research methods with a statute approach and conceptual approach, this research examines the issue from the perspective of intellectual property law in Indonesia. The study concludes that the protection of celebrity personas under intellectual property rights can be accommodated within copyright law by categorizing personas into "natural persona" and "created persona," enabling their protection under Indonesia’s Copyright Act.
Co-Authors Agus Purnomo Ayu Mustika Pamungkas Nor Salam Umi Sumbulah