Jurisprudensi: Jurnal Ilmu Syariah, Perundang-undangan, Ekonomi Islam
Vol 17 No 1 (2025): Jurisprudensi: Jurnal Ilmu Syariah, Perundang-Undangan dan Ekonomi Islam

Legal Certainty on the Dissemination of Defamatory Content on Social Media: A Case Analysis of a Flogging Procession Recording in Aceh

Siregar, Friska Anggi (Unknown)
Yulis, Sari (Unknown)
Masyitah, Masyitah (Unknown)



Article Info

Publish Date
22 Mar 2025

Abstract

The public implementation of flogging in Aceh is a manifestation of Islamic law that has been practiced since the time of Prophet Muhammad SAW, where the process aimed to deter society at large. However, in the digital era, the dissemination of recordings of such punishments through social media has sparked legal controversy concerning privacy violations and defamation, with broad impacts on the convicted individuals. This study aims to analyze the legal certainty regarding the distribution of flogging punishment content in digital spaces and to examine the intersection between Islamic law and Indonesia’s national law. This article is a qualitative library research, using a normative legal study methodology with a descriptive-analytical approach. The results show that the dissemination of flogging punishment recordings in Aceh via social media creates complex legal issues because, although public flogging is legally justified under Islamic law and the Qanun Jinayat, its digital distribution has the potential to violate privacy and defame individuals according to the provisions of the Electronic Information and Transactions Law (ITE Law) and the Indonesian Criminal Code (KUHP). Therefore, specific regulations are urgently needed to integrate Islamic law principles with national law to ensure the protection of human rights and to prevent the misuse of content in the global and permanent nature of digital public spaces.

Copyrights © 2025






Journal Info

Abbrev

jurisprudensi

Publisher

Subject

Religion Humanities Law, Crime, Criminology & Criminal Justice

Description

The Jurisprudensi: Jurnal Ilmu Syariah, Perundang-undangan, Ekonomi Islam (Jurisprudensi: Journal of Sharia, Legal, and Islamic Economics) publishes scholarly articles and reviews on the discourse of Islamic Law. The Journal is also deeply committed to a global approach that publishes articles ...