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Journal : Jurnal Independent

Basic Analysis of the Exercise of Judicial Power (Integration of Islamic Law and Positive Law) Nabilah, Wardatun; Shodiq, Ja'far; Rizal, Deri
Jurnal Independent Vol. 12 No. 1 (2024): Jurnal Independent
Publisher : Universitas Islam Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30736/ji.v12i1.279

Abstract

Abstract This study aims to see the form of integration of Risalah al-Qadha as Islamic judicial principles and the principle of administering Indonesian Judicial Authority. This study uses a qualitative method with a descriptive approach to the analysis of the documents used in the study, namely Risalah al-Qadha and Law No. 48 of 2009 regarding Judicial Authority. This study argues that Indonesia's modern judiciary has undergone a transformation. One of this is the application of normative Islamic law to positive Islamic law. The judiciary (judiciary) functions to carry out all legal provisions consequently so as to create fair laws. Similarly, the importance of sulthah qadhaiyyah (judicial institution) is a necessity and an absolute condition that must be fulfilled. The contextualization of Islamic judicial principles which is manifested in the principle of administering Indonesian Judicial Authority in the principle of a free and impartial judiciary, the judiciary is democratic and equal in law and transparent.
Attributing Legal Responsibility for Deepfake Pornography Generated by Artificial Intelligence: A Juridical Analysis Dian Ningtias, Ayu; Nabilah, Wardatun; Ardiansyah, Diyan
Jurnal Independent Vol. 13 No. 2 (2025): Jurnal Independent
Publisher : Universitas Islam Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30736/ji.v13i2.384

Abstract

The development of artificial intelligence technology has brought about major transformations in various fields, including in the digital media sector. One form of innovation that has emerged is deepfake technology. Although useful in some positive contexts, this technology has also been misused, especially in the form of pornographic deepfakes, namely the creation and distribution of fake pornographic content by displaying someone's face without permission. This phenomenon raises serious problems because it not only violates the right to privacy and individual dignity, but also has psychological and social impacts on victims. Although Indonesia does not yet have regulations that specifically regulate deepfakes, perpetrators can still be charged using the provisions of the Electronic Information and Transactions Law (UU ITE), the Pornography Law, and the Criminal Code (KUHP). However, the existing legal framework has not been fully able to answer the challenges of digital crime that continues to grow. Therefore, a more comprehensive and adaptive regulatory update is needed, as well as a strong legal protection mechanism for victims, to ensure legal justice in the increasingly complex digital era.