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DEMOKRASI DALAM KOMPARASI: ANALISIS SISTEM PEMILU PROPORSIONAL PERSPEKTIF PARTY REPRESENTATION DAN SADD AZ-ZARI’AH
The term democracy can never be separated from political parties, elections, and representative institutions. One aspect that is a factor in the success of the election, which is in the system. However, the problem of proportional electoral system applied in Indonesia has never receded in the discussion of the Indonesian constitution. Some parties postulate that the shift in the positioning of political parties due to an open proportional system causes the democratic process in Indonesia to not run perfectly. Meanwhile, others stated that the implementation of a closed proportional system is not in accordance with the principle of real people's sovereignty. The paradox of understanding democracy in the problem of proportional electoral systems must certainly be addressed carefully. Therefore, there is a need for a critical analysis of the implementation of the development of the proportional system in the Indonesian legislative elections. This study uses the theory of Party Representation and Sadd Aś żarī'ah. The data in this study were collected from the 1945 Constitution, Law No. 7 of 2017 on Elections, Law No. 2 of 2008 on political parties, MD3 Law, minutes of amendment to the 1945 Constitution, books, and representative literature journals on the topic of proportional election system. The approach used is socio political that will analyze the discourse of discussion through social phenomena in the community and political turmoil in the government. Based on the data that has been presented and analyzed, there are the following research results. First, in the implementation of open or closed proportional systems have their advantages and disadvantages. Second, the difference in electoral patterns in open and closed proportional addressed in the perspective of party representation is only limited to the practice of voting only. Substantially, philosophically, and the goal is still on the same line. Upholding the sovereignty of the people and the spirit of representation initiated by the founding fathers, which is as actualized in the 4th precept of Pancasila which mandates the establishment of representative institutions. Third, in contrast to party representation, the Sadd Aś żarī'ah entwined negation as opposed to the application of both proportional electoral systems, both open and closed. Using the parameters of the Sadd Aś żarī'ah it turns out that wasilah to achieve democratic elections should have an impact on the damage and things that are prohibited by the Shara‘.
FAKULTAS SYARI'AH DAN HUKUM, UIN SUNAN KALIJAGA YOGYAKARTA
DEMOKRASI DALAM KOMPARASI: ANALISIS SISTEM PEMILU PROPORSIONAL PERSPEKTIF PARTY REPRESENTATION DAN SADD AZ-ZARI’AH (Text)
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