eprintid: 59782
rev_number: 10
eprint_status: archive
userid: 12460
dir: disk0/00/05/97/82
datestamp: 2023-07-11 04:15:41
lastmod: 2023-07-11 04:15:41
status_changed: 2023-07-11 04:15:41
type: thesis
metadata_visibility: show
contact_email: muh.khabib@uin-suka.ac.id
creators_name: M.Rafirsa Agung Pratama, S.H., NIM.: 21203011095
title: ISLAM DAN AMBANG BATAS PENCALONAN PRESIDEN DAN WAKIL PRESIDEN (PRESIDENTIAL THRESHOLD) DALAM PUTUSAN MAHKAMAH KONSTITUSI NOMOR 70/PUU-XIX/2021
ispublished: pub
subjects: huk_tata
divisions: ilmu_sya
full_text_status: restricted
keywords: Presidential Threshold, Mahkamah Konstitusi, Pertimbangan Hakim
note: Pembimbing: Dr. H. M. Nur. M.Ag
abstract: This thesis examines the application for a judicial review of Article 222
of Law Number 7 of 2017 concerning General Elections submitted by Gatot
Normantyo. With the main problem being the reason by the applicant that
Article 222 is contrary to the 1945 Constitution and does not have binding legal
force. In this case, Article 222 is considered an unconstitutional article which
has been subject to judicial review several times but the application for the case
has always been rejected. Based on this, the author is interested in examining the
legal basis and legal considerations of the panel of judges in the decision of the
Constitutional Court Number 70/PUU-XIX/2021, as well as how siyāsah
dustūriyyah and maqāṣid syarī'ah view of this decision.
This type of research is literature research with the nature of descriptive
analysis research and using a normative juridical approach. The primary legal
materials used are the rules on the Constitutional Court, and the secondary legal
materials used are books, journals or scientific papers and others that can
provide an explanation of the primary legal materials. Research data analysis
techniques use qualitative analysis techniques using the theory of judge
judgment and maqāṣid syarī'ah theory to answer problems in research.
The results of the study show, as the Constitutional Court's decision, the
legal considerations are Article 6A paragraph (2) and Article 8 paragraph (3) by
using the concept of consistency with regard to the review of article 222. By
looking at the Constitutional Court's decision which only questions the position
of the applicant. Without looking at other legal considerations in accordance
with the 1945 Constitution, the Law on Judicial Power and Benefit. Meanwhile,
according to Jamaluddin 'Atiyyah's view of maqāṣid syarī'ah, he states that it
does not always follow a standard pattern, but can change at any time according
to the development of human civilization. In the community realm approach that
considers social and government structures, maintaining security, upholding
justice, protecting morality and religion. Then, the application for this case
against article 222, because the Constitutional Court's decision does not only
contain the reasons and basis for the decision which originates from written and
unwritten law which is used as the basis for adjudicating, as Law/48/2009 in
Article 50 paragraph (1). The judge's considerations need to be seen from the
original intent of the Constitution which is the basis for controlling government
actions, including in making the law. Thus the Constitutional Court's decision
can bring benefit.
date: 2023-05-19
date_type: published
pages: 223
institution: UIN SUNAN KALIJAGA YOGYAKARTA
department: FAKULTAS SYARI’AH DAN HUKUM
thesis_type: masters
thesis_name: other
citation:   M.Rafirsa Agung Pratama, S.H., NIM.: 21203011095  (2023) ISLAM DAN AMBANG BATAS PENCALONAN PRESIDEN DAN WAKIL PRESIDEN (PRESIDENTIAL THRESHOLD) DALAM PUTUSAN MAHKAMAH KONSTITUSI NOMOR 70/PUU-XIX/2021.  Masters thesis, UIN SUNAN KALIJAGA YOGYAKARTA.   
document_url: https://digilib.uin-suka.ac.id/id/eprint/59782/1/21203011095_BAB-I_IV-atau-V_DAFTAR-PUSTAKA.pdf
document_url: https://digilib.uin-suka.ac.id/id/eprint/59782/2/21203011095_BAB-II_sampai_SEBELUM-BAB-TERAKHIR.pdf