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All Journal Jurnal CENDIKIA ISNU Jurnal Sahabat ISNU SU Jurnal Cendikia ISNU SU
Adinda Putri Hutabarat
Universitas Islam Negeri Sumatera Utara
Religion Arts Humanities Law, Crime, Criminology & Criminal Justice

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Cyberbullying In the Perspective of Islamic Criminal Law Ending Solehudin; Mukhlis Akbar Ramadhani; Adinda Putri Hutabarat; Alwi Almisky Munthe
Jurnal Sahabat ISNU SU Vol. 1 No. 3 (2024): ISNU Sahabat Desember 2024
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/jsisnu.v1i3.507

Abstract

The rapid development of information and communication technology has significantly transformed patterns of social interaction while simultaneously giving rise to new forms of crime, including cyberbullying. Cyberbullying has become a serious legal issue due to its detrimental effects on victims' psychological well-being, personal dignity, and reputation. Although Indonesia has enacted Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 on Electronic Information and Electronic Transactions (ITE Law), the regulation does not explicitly define cyberbullying as a distinct criminal offense but addresses related acts such as defamation, threats, extortion, and intimidation committed through electronic media. This study aims to analyze the legal regulation of cyberbullying under the ITE Law and examine its legal consequences from the perspective of Islamic criminal law. This research employs a normative juridical method with a descriptive-analytical approach based on statutory, conceptual, and literature studies. The findings indicate that cyberbullying constitutes a form of cybercrime involving electronic media to threaten, intimidate, humiliate, or damage another person's reputation. Under Indonesian positive law, perpetrators may be prosecuted under several provisions of the ITE Law and the Criminal Code depending on the nature of the offense. From the perspective of Islamic criminal law, cyberbullying is categorized as a ta'zir offense because no specific punishment is prescribed in the Qur'an or Hadith. Consequently, the determination of sanctions is left to the discretion of the legitimate authority (ulil amri) to ensure justice, public order, and the protection of individual honor. The study concludes that both Indonesian positive law and Islamic criminal law share the same objective of protecting human dignity and preventing harm caused by cyberbullying, despite adopting different legal approaches to determining criminal sanctions.  
Government in the Perspective of Fiqh Siyasah: A Critical Study between Democracy and the Concept of Caliphate Muhammad Ikhlas Bin Rosele lubis; Mhd Soleh Hasibuan; Adinda Putri Hutabarat
Jurnal Cendikia ISNU SU Vol. 2 No. 1 (2025): Mei : JCISNU
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/jcisnu.v2i3.944

Abstract

This study discusses the perspective of Islamic jurisprudence on the system of government, especially in comparing the concepts of democracy and the caliphate. In Islamic history, the caliphate was seen as an ideal system of government that applied Islamic sharia comprehensively, while democracy was a modern system rooted in the sovereignty of the people and individual freedom. This research uses the library research method by analyzing classical and contemporary sources, both from fiqh literature and Islamic political thought. The results of the study show that there is a diversity of opinions among scholars regarding the validity of democracy in Islam. Some scholars accept democracy as a means of ijtihadiyah that can be adapted as long as it does not contradict the basic principles of sharia. Meanwhile, the caliphate system is seen as more ideal normatively, but it faces challenges in contextual implementation in the modern era. This study concludes that the fiqh approach to the system of government is dynamic and contextual, and opens up space for the integration of Islamic values in various forms of political systems.
Government in the Perspective of Fiqh Siyasah: A Critical Study between Democracy and the Concept of Caliphate Muhammad Ikhlas Bin Rosele lubis; Mhd Soleh Hasibuan; Adinda Putri Hutabarat
Jurnal Cendikia ISNU SU Vol. 2 No. 1 (2025): Mei : JCISNU
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/jcisnu.v2i3.944

Abstract

This study discusses the perspective of Islamic jurisprudence on the system of government, especially in comparing the concepts of democracy and the caliphate. In Islamic history, the caliphate was seen as an ideal system of government that applied Islamic sharia comprehensively, while democracy was a modern system rooted in the sovereignty of the people and individual freedom. This research uses the library research method by analyzing classical and contemporary sources, both from fiqh literature and Islamic political thought. The results of the study show that there is a diversity of opinions among scholars regarding the validity of democracy in Islam. Some scholars accept democracy as a means of ijtihadiyah that can be adapted as long as it does not contradict the basic principles of sharia. Meanwhile, the caliphate system is seen as more ideal normatively, but it faces challenges in contextual implementation in the modern era. This study concludes that the fiqh approach to the system of government is dynamic and contextual, and opens up space for the integration of Islamic values in various forms of political systems.
Co-Authors Alwi Almisky Munthe Ending Solehudin Mhd Soleh Hasibuan Muhammad Ikhlas Bin Rosele lubis Mukhlis Akbar Ramadhani