Tinjauan Siyasah Dusturiyah terhadap Kewajiban Penyelenggara Sistem Elektronik dalam Pelindungan Anak Menurut Peraturan Menteri Komunikasi dan Digital Nomor 9 Tahun 2026

Abstract

This study examines the obligations of Electronic System Providers (PSE) in protecting children in the digital realm under Minister of Communication and Digital Regulation Number 9 of 2026, as well as its review from the perspective of siyasah dusturiyah (Islamic constitutional law). The background is the increasing use of the internet by children in Indonesia, which brings benefits but also risks such as inappropriate content, cyberbullying, online sexual exploitation, digital addiction, and weak supervision. This regulation requires PSEs to set minimum age limits, conduct risk assessments and child-protection design, verify child users, provide parental controls, and submit to supervision and administrative sanctions. The study employs a juridical-empirical method with legal, sociological, and siyasah dusturiyah approaches, through literature review and interviews with the North Sumatra Provincial Communication and Informatics Office. The results show that these obligations align with the principles of siyasah dusturiyah, namely amanah (trust), justice, leadership, public interest (maslahah 'ammah), and maqashid al-shari'ah (objectives of Islamic law), particularly in protecting children's life, intellect, lineage, property, and honor. Thus, this regulation not only fulfills positive legal aspects but is also consistent with Islamic values in realizing comprehensive child protection in the digital era