TY  - THES
N1  - Pembimbing:
DR. Hj. Siti Fatimah, S.H., M.Hum.
ID  - digilib65573
UR  - https://digilib.uin-suka.ac.id/id/eprint/65573/
A1  - Parid Sidik, S.H., NIM.: 22203011089
Y1  - 2024/05/17/
N2  - Election campaigns are one of the important instruments in general elections which become a means of people's sovereignty every five years, the provisions for organizing elections have been regulated in Article 280 paragraph (1) letter h of Law No. 7 of 2017. Then the Law a quo regarding its derivative rules is regulated in PKPU No. 15 of 2023 Article 72 paragraph (1) letter h stipulates that election campaign implementers, participants, and campaign teams are prohibited from using government facilities, places of worship, and places of education. Ahead of the election contestation, the rules regarding the prohibition of organizing campaigns have harmed the constitutional rights of Indonesian citizens, because in the Law a quo according to the petitioners there is a contradiction in terminis between the Article a quo and its explanation. That the discrepancy (contradiction in terminis) of the explanation of the Article a quo has caused legal uncertainty that is detrimental to their constitutional rights and the Court grants in part.
This type of research is legal research, the methodology used by the author is library research using a juridical-normative approach and conceptual approach. In dissecting the subject of this research using the principle of legal certainty and sadd al-dzari'ah. The primary source used is the Constitutional Court Decision Number 65/PUU-XXI/2023. Meanwhile, the data collection technique uses literature study techniques. Therefore, the analysis methodology contains the content analysis method, accompanied by deductive techniques.
The results of this study conclude: First, the Constitutional Court has reflected constitutional rights through the principle of legal certainty by considering the consistency of norms, and the Constitutional Court signaled that the rules that were originally regulated in the explanation were contained in the main norm, namely Article 280 paragraph (1) letter h. The decision rests on the technique of law formation and the guarantee of constitutional rights that must be protected by the state. The decision is based on the technique of law formation and the guarantee of constitutional rights that must be protected by the state. Second, the rules prohibiting campaigns from using government facilities, places of education, and places of worship are contrary to the intent of Islamic law, namely sadd az|-z|ari>?ah, especially in organizing campaigns in places of worship that will cause damage to irresponsible parties and injure religious values, resulting in practical politics by involving identity politics that boils down to religion. So that with the decision a quo election campaign period in 2024 will tarnish the mosque or other places of worship with certain practical political interests, so that Muslims can carry out activities in places of worship will have a negative impact or damage between religious harmony.
PB  - UIN SUNAN KALIJAGA YOGYAKARTA
KW  - constitutional court decision; campaign implementation; Mahkamah Konstitusi
M1  - masters
TI  - PUTUSAN MAHKAMAH KONSTITUSI NOMOR 65/PUU-XXI/2023 TENTANG PENYELENGGARAAN KAMPANYE PERSPEKTIF SADD AZ-ZARI?AH
AV  - restricted
EP  - 143
ER  -