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Kurniati , Kurniati
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THE PRESIDENT'S PREROGATIVE IN GRANTING CLEMENCY TO NARCOTICS PRISONERS FROM THE PERSPECTIVE OF MAQASYIDUL SYARIAH Djumarsyil, Muh.; Sauqy, Ahmad Riyas; Kurniati , Kurniati
ANAYASA : Journal of Legal Studies Vol. 3 No. 2 (2026): ANAYASA
Publisher : PT. Altin Riset Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61397/ays.v3i2.464

Abstract

The phenomenon of granting clemency to narcotics prisoners in Indonesia, as part of the president's prerogative, raises tensions between legal certainty and humanitarian considerations. This research aims to analyze the mechanism and legitimacy of granting clemency through the ethical perspective of Islamic law, especially maqāṣid al-syarī' ah. By using normative legal research procedures through legislative, conceptual, and problem analysis approaches, this research examines primary and secondary legal materials. The main findings say that maqāṣid al-Syarī'ah provides a comprehensive evaluation framework, in which clemency can be morally justified if it is oriented towards the protection of the soul (ḥifẓ al-nafs), the restoration of ideas (ḥẓ al-aql) via rehabilitation, and restorative justice. However, research concludes that this prerogative should not ignore the public interest (maslaḥah'āmmah) as the highest consideration. The implication is that the clemency policy requires extreme prudence to avoid weakening law enforcement and justify balancing the justice of people and the protection of citizens from the dangers of narcotics.
DIGITAL RADICALISM: IDEOLOGICAL SECURITY CHALLENGES IN THE SOCIAL MEDIA ERA Mansyur, Muhammad Abrar; Al Fath, Raditya; Kurniati , Kurniati
ANAYASA : Journal of Legal Studies Vol. 3 No. 2 (2026): ANAYASA
Publisher : PT. Altin Riset Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61397/ays.v3i2.493

Abstract

Digital transformation has brought fundamental changes to various aspects of social, political, and religious life. The rapid development of social media and online platforms has not only expanded public participation but has also generated new challenges in the form of the dissemination of extremist ideologies, commonly referred to as digital radicalism. Digital radicalism refers to the spread of radical and extremist ideas through social media that occurs rapidly, massively, and is difficult to control. This phenomenon poses not only a threat to national security but also a serious challenge to ideological security, particularly to the values of Pancasila, pluralism, tolerance, and democracy in Indonesia. This article aims to comprehensively examine the phenomenon of digital radicalism, including its driving factors, the role of social media in the process of radicalization, and its implications for ideological security. The research employs a qualitative descriptive approach through a literature review by analyzing 30 scholarly references consisting of academic books, research reports, and relevant national and international journal articles. The findings indicate that digital radicalism develops as a result of a combination of ideological, social, political, and technological factors, reinforced by low levels of digital literacy and ideological awareness within society. Social media plays a significant role in accelerating the radicalization process through algorithmic mechanisms and information echo chambers. Therefore, strengthening Pancasila-based ideological education, enhancing digital literacy, promoting religious moderation, and revitalizing local wisdom are essential and sustainable strategies to address the challenges of digital radicalism in the era of social media.