PEMILIHAN UMUM SISTEM NOKEN DI PAPUA DALAM PERSPEKTIF HUKUM KETATANEGARAAN ISLAM

Wahyu Tri Rudianto, NIM.: 18103070038 (2022) PEMILIHAN UMUM SISTEM NOKEN DI PAPUA DALAM PERSPEKTIF HUKUM KETATANEGARAAN ISLAM. Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

General elections should be a means of people's sovereignty to elect members of the People's Legislative Council, members of the Regional Representatives Council, President and Vice President, and to elect members of the Regional People's Representative Council, which are carried out directly, publicly, freely, confidentially, honestly and fairly within the Unitary State of the Republic of Indonesia. based on Pancasila and the 1945 Constitution of the Republic of Indonesia. However, in practice, the electoral mechanism in Indonesia is not in line with existing regulations. Whereas in the 2019 elections there were 12 regencies that carried out elections using their own electoral system. This special system is called the noken system. The purpose of this study is to clarify the suitability of the noken system in Papua with the general election principles that apply in Indonesia and to find the validity of the noken system in Papua from the perspective of Islamic constitutional law, especially as developed by contemporary Ulama. This study used the library research method (library research) which isdescriptive analytic. Data search was carried out by reviewing the sources of literature in the form of primary data and secondary data that are relevant to the discussion. The data obtained will be analyzed using a descriptive-qualitative method. The theoretical framework used to analyze the problem includes elections in Islamic constitutional law, the noken system, and the electoral system in Indonesia. The results of the study based on the analysis concluded that the noken system in Papua is contrary to the principles of elections in Indonesia, especially the direct, free and fair principles. However, the noken system in Papua is appropriate or almost relevant to Islamic constitutional law, especially the concept of elections Ahlul Ḥalli Wal 'AqdiAl-Mawardi believes the election was carried out byAhlul Ḥalli Wal 'Aqdifrom all membersAhlul Ḥalli Wal 'Aqdifrom every area.

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