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All Journal Martabe : Jurnal Pengabdian Kepada Masyarakat Jurnal Independent
Chusnul Khitam, Muhammad
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Agriculture, Biological Sciences & Forestry Arts Humanities Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

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Journal : Jurnal Independent

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Freedom of Expression in Critical Content on Public Infrastructure via Social Media Chusnul Khitam, Muhammad; Isnaini, Enik; Rizkiyah, Putri Ainiyatur
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.v13i2.393

Abstract

Freedom of speech is the right of every person to express their opinions regarding criticism, suggestions, and opinions. One form of conveying criticism is by creating content related to public infrastructure. Based on this background, the author proposes a formulation of the problem, namely, first, how are the legal rules for freedom of speech on social media. Second, how is the legal protection for content creators criticizing public infrastructure on social media. This research method uses a normative juridical research type, with a statute approach. The legal materials used are primary legal materials including: the 1945 Constitution, Law Number 9 of 1998, Law Number 39 of 1999 and Law Number 1 of 2024, the second amendment to Law Number 11 of 2008. From the results of the study, it can be concluded that: the legal rules for freedom of opinion on social media are regulated in Article 28E paragraph (3) of the 1945 Constitution, regulated in Article 1 paragraph (1) of Law Number 9 of 1998 and in Article 23 paragraph (2) of Law Number 39 of 1999. And legal protection for creators of content criticizing public infrastructure is regulated in Article 28F of the 1945 Constitution and regulated in Article 14 paragraph (2) of Law Number 39 of 1999, and based on the Constitutional Court Decision Number 105/PUU-XXII/2024. Given that the rights that a person has carry the consequence of an obligation to respect the rights of others or with society, then this right does need to be limited. This limitation is regulated in Law Number 1 of 2024, the second amendment to Law Number 11 of 2008, where this limitation also plays a role as an ethic in interacting through various media, one of which is social media.
The Validity of Single Candidates in Regional Head Elections Chusnul Khitam, Muhammad; Faizah, Niswatun; Shodiq, Ja’far; Khuluq, Muhammad Husnul
Jurnal Independent Vol. 14 No. 1 (2026): Jurnal Independent
Publisher : Universitas Islam Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30736/ji.v14i1.412

Abstract

Democracy is a system where the people as the holders of the highest power have the right in all decision-making that includes the interests of the people in a region. In this case, indirectly the people can also issue laws and regulations that are beneficial and also to protect their rights. The 1945 Constitution of the Republic of Indonesia, Article 1 paragraph (2) of the 1945 Constitution which reads "sovereignty is in the hands of the people and is implemented according to the Constitution". This study aims to answer two main problem formulations. First, What is the role of the Election Supervisory Body in supervising the nomination of regional heads? Second, What is the validity of a single candidate in the regional election from a democratic perspective? This study uses the Normative Juridical research method. While the approach used is the Legislation approach (statue approach). The results of the study show: First, Bawaslu has a role in supervising the nomination of regional heads, namely: Supervising registration, Verifying candidates, Preventing violations, Handling violations, Monitoring campaigns. Second, the validity of a single candidate in the regional elections from a democratic perspective, namely regulated in Article 54C and 54D of Law Number 10 of 2016 concerning the second amendment to Law Number 1 of 2015 concerning the stipulation of the Replacement of Law Number 1 of 2014 concerning the election of Governors, Regents, and Mayors.
Co-Authors Anik Fadlilah, Anik Dahlan, Mufid Faizah, Niswatun Isnaini, Enik Khuluq, Muhammad Husnul Muhammad Khafid Putri Yani, Yulia Rizkiyah, Putri Ainiyatur Sani Rusminah Savira Agatha Putri, Marsha Shodiq, Ja’far wahyuni wahyuni