Harmonisasi Pengaturan Jurnalis Asing Dalam Peraturan Polisi Tentang Pengawasan Fungsional Kepolisian Terhadap Orang Asing Dengan Undang-Undang Tentang Penyiaran Mengenai Jurnalis Asing: Kajian Teori Ta'arudhul Adillah Dan Maqashid Syariah

Hidayah, Najmatul (2026) Harmonisasi Pengaturan Jurnalis Asing Dalam Peraturan Polisi Tentang Pengawasan Fungsional Kepolisian Terhadap Orang Asing Dengan Undang-Undang Tentang Penyiaran Mengenai Jurnalis Asing: Kajian Teori Ta'arudhul Adillah Dan Maqashid Syariah. Undergraduate Thesis thesis, UIN K.H. Abdurrahman Wahid Pekalongan.

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Abstract

This research is motivated by the enactment of Police Regulation Number 3 of 2025 concerning Functional Police Supervision of Foreign Nationals, which regulates aspects of supervision over foreign journalists in Indonesia. The regulation has generated various perspectives regarding the relationship between police authority and broadcasting regulations as stipulated in Law Number 32 of 2002 on Broadcasting, as well as other laws and regulations governing journalistic activities. Therefore, this study aims to examine the regulation of foreign journalists within these legal instruments and to analyze it from the perspectives of positive law, the theory of ta'arudhul adillah, and maqashid sharia in order to obtain a comprehensive understanding of regulatory conformity, legal certainty, and the protection of press freedom. This study employs a normative juridical research method through statutory, conceptual, and comparative approaches. The legal materials used consist of primary, secondary, and tertiary legal sources, which are analyzed qualitatively to produce systematic, coherent, and well-founded conclusions. This research seeks to examine the regulation of foreign journalists under the two regulations and to analyze their relationship and conformity from the perspectives of both positive law and Islamic law. The findings indicate that the regulation of foreign journalists under Police Regulation Number 3 of 2025 concerning Functional Police Supervision of Foreign Nationals and Law Number 32 of 2002 on Broadcasting does not reveal any direct conflict of norms or overlap of authority. Both regulations possess distinct regulatory scopes while complementing one another in governing the activities of foreign journalists in Indonesia. From the perspective of positive law, the relationship between the two regulations reflects the principles of legal harmonization and legal certainty. Meanwhile, from the perspective of Islamic law, the analysis of ta'arudhul adillah demonstrates that the existing provisions can be reconciled through the approach of al-jam'u wa al-tawfiq, while maqashid sharia indicates an effort to achieve public welfare through a balance between state supervisory functions, press freedom, and the protection of human rights. Therefore, both regulations may be understood as interconnected legal instruments that contribute to ensuring legal certainty for the activities of foreign journalists in Indonesia.

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