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Sulastri Caniago
Universitas Islam Negeri Mahmud Yunus Batusangkar

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LEGAL CERTAINTY IN EXPRESSING OPINIONS IN PUBLIC DURING THE INDUSTRIAL REVOLUTION ERA ACCORDING TO POSITIVE LAW IN INDONESIA AND SIYASAH DUSTURIYAH Bambang Nurdiansyah; Sulastri Caniago; Wardatun Nabilah
Al Ushuliy: Jurnal Mahasiswa Syariah dan Hukum Vol 3, No 1 (2024)
Publisher : UIN Mahmud Yunus Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31958/alushuliy.v3i1.12380

Abstract

This research aims to identify and explain the forms of restrictions on freedom of expression on social media and the forms of legal certainty regarding freedom of expression according to positive law and siyasah dusturiyah. In recent years, there have been efforts to narrow the space for expressing opinions, especially through social media. Often, people who express their opinions on social media receive unfavorable treatment after expressing their views. The type of research in this thesis is normative legal research with a statute approach and case approach. The primary data sources in this research are the Quran and Sunnah, as well as laws related to the right to freedom of expression in Indonesia. The data collection technique used in this research involves library research by searching for books, articles, journals, and websites. The data analysis technique in this research is descriptive. The research results show that, first, the forms of restrictions on freedom of expression on social media can be categorized into two forms: indirect and direct. Indirectly, through ambiguous articles in the Electronic Information and Transactions Law (UU ITE) and articles related to insulting the president and the government. Directly, through digital attacks, persecution, terror and intimidation, and criminal reporting or criminalization. Second, the forms of legal certainty in positive law were found to be in three forms: legal certainty guarantees through individual or group rights, legal certainty guarantees through the government's obligation to protect individuals who use their right to freedom of expression, and legal certainty in the form of sanctions against those who attempt to hinder others' freedom of expression. Third, from the perspective of siyasah dusturiyah, there is also legal certainty for freedom of expression through the right to express opinions and the obligation of rulers to protect those who express their views. Based on the research results, it was found that restrictions on freedom of expression have occurred, which will ultimately lead to authoritarian governance. This occurs due to the suboptimal performance of the government, making it averse to criticism and resorting to restricting freedom of expression.However, it prohibits excessive and wasteful consumption patterns, categorized as al-israf behavior.
Product Naming as a Business Communication Practice: Legal and Islamic Business Ethics Perspectives on Products Inconsistent with Shari’ah Principles Dodon Alfiander; Elimartati; Sulastri Caniago; Yustiloviani
Al Ushuliy: Jurnal Mahasiswa Syariah dan Hukum Vol. 5 No. 1 (2026): Vol 5 No 1
Publisher : UIN Mahmud Yunus Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

The naming (labelling) of food and beverage products is not merely a matter of marketing strategy but also encompasses legal, ethical, and moral dimensions within the Muslim community. The growing trend of using distinctive and unconventional product names that reference alcoholic beverages, prohibited animals, symbols of disbelief (kufr), or erotic elements raises important concerns regarding honesty, manipulation, and business actors' compliance with the principles of Islamic law (Shari’ah). This study employs a library research method using a normative approach to examine the regulations governing the Halal Product Assurance System, the Decree of the Halal Product Assurance Organizing Agency (BPJPH) on the Halal Product Assurance System, technical standards for halal food, and the fatwas of the Indonesian Ulama Council (MUI) concerning product names, forms, and packaging, complemented by the literature on Islamic business ethics. The findings demonstrate that product names inconsistent with Shari’ah principles have the potential to violate both statutory regulations and religious fatwas while simultaneously disregarding the principles of justice, honesty, and transparency that underpin Islamic business ethics. Furthermore, such practices contribute to the social normalization of symbols that contradict the values of halal and halalan thayyiban, thereby diminishing society's moral sensitivity to the distinction between what is lawful (halal) and unlawful (haram). The novelty of this study lies in positioning product naming as a form of commercial communication that directly influences public perception, social habituation, and the preservation of maqashid al-Shari’ah within the contemporary public sphere, rather than viewing it merely as an administrative issue in the halal certification process.