RELASI WARGA-NEGARA DALAM VIRTUAL POLICE PERSPEKTIF MAQASID ASY-SYARI’AH

Novan Wahyu Primadi, S.H, NIM.: 20203011037 (2023) RELASI WARGA-NEGARA DALAM VIRTUAL POLICE PERSPEKTIF MAQASID ASY-SYARI’AH. Masters thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

The Head of the National Police of the Republic of Indonesia has issued a Circular Letter dated 19 February 2022, with Number: SE/2/11/2021 concerning Awareness of Ethical Culture to Create a Clean, Healthy and Productive Indonesian Digital Space. The Circular of the Head of the National Police of the Republic of Indonesia is a response to an incident of reports that are rife due to the large number of cases related to Law Number 11 of 2008 concerning Information and Electronic Transactions. The above policies are marked as having the potential to trigger tensions between the state and citizens, caused by accusations of space for expression on social media. This research uses the type of library legal research, using a normative-juridical study approach. The legal materials used consist of primary, secondary and tertiary legal materials. The normative study approach intends to study according to the contemporary maqa>s}id asy-syari>’ah perspective offered by Jasser Auda. The results of this study can be stated that (1) the publication of the Circular Letter of the Head of the National Police of the Republic of Indonesia Number: SE/2/11/2021 is not mas}lahah oriented as referred to in the fiqh rules about the policies of leaders who must be mas}lahah oriented lah. This makes the circular letter still oriented towards protecting individual rights (classical maqa>s}id), not oriented towards more universal values such as justice and humanity (modern maqa>s}id). (2) Circulars are not statutory regulations in the Indonesian legal system (3) Based on the results of this research, the alternatives that can be used by the government consist of First, revising Law Number 11 of 2008 concerning Information and Electronic Transactions; The second uses stronger legal instruments; and third, improving handling methods in the field.

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