HAK POLITIK MANTAN NARAPIDANA DALAM PEMILU 2019 PERSPEKTIF HAM DALAM ISLAM

Faizah Nasibamma Frudho, NIM.: 21103070098 (2025) HAK POLITIK MANTAN NARAPIDANA DALAM PEMILU 2019 PERSPEKTIF HAM DALAM ISLAM. Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

General elections are a concrete manifestation of popular sovereignty, where every citizen has the political right to vote and be elected. However, granting political rights to former convicts, particularly those convicted of corruption, has sparked debate. The General Elections Commission's policy of prohibiting the candidacy of former convicts, as outlined in General Elections Commission Regulation No. 20 of 2018, was deemed to violate election laws and human rights. The Supreme Court overturned the regulation. In Islam, political rights are considered basic rights that must be upheld as long as they do not conflict with the principles of justice. This research is a juridical notative research with a library research approach, because the data obtained from legal sources such as legislation, the Qur'an, books or relevant journals. Primary data sources consist of the 1945 Constitution, Law No. 7 of 2017 concerning elections, General Election Commission Regulation No. 20 of 2018, Supreme Court Decision No. 46/P/HUM/2018 and the Universal Declaration of Human Rights. The results of this study indicate that the political rights of former convicts are constitutional rights guaranteed by the 1945 Constitution. However, in practice, they can be fairly restricted through legislation, such as the General Elections Commission Regulation (PKPU) and Supreme Court decisions, to maintain the integrity of the election process. From an Islamic human rights perspective, former convicts still have the right to participate in elections as long as they have repented, as Islam emphasizes the importance of justice. Therefore, restrictions on the political rights of former convicts must be implemented proportionally and must not conflict with constitutional principles or Islamic human rights values

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