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HAK POLITIK PRESIDEN DALAM BERKAMPANYE (STUDI UNDANG-UNDANG NOMOR 7 TAHUN 2017 TENTANG PEMILIHAN UMUM)
General elections are one of the prerequisites of a democratic country. Every country that claims to be a democracy must hold regular elections. In Indonesia, general elections are held every five years. Indonesia just held a presidential election in February 2024, but this presidential election is different from the previous presidential election. The involvement of the incumbent president in the 2024 presidential election campaign is in the spotlight and has caused polemics. Article 299 of Law number 7 of 2017 concerning general elections was interpreted wrongly, because the president interpreted that he could take sides and campaign. The reason the President campaigns and takes sides is as a political official and citizen. Therefore, researchers formulated the problem of how the Ideality of the Use of the President's Political Rights in campaigning in accordance with Law No. 7 of 2017 concerning general elections and how the Ideality of the President in campaigning for general elections in the perspective of Siyasah Syar'iyyah. This research is a type of normative legal research, with the nature of descriptive-analytical research. The approaches used in this research include statutes approach, conceptual approach. Primary legal sources used in this research are the 1945 Constitution of the Republic of Indonesia, Law Number 7 of 2017 concerning General Elections and Law Number 39 of 1999 concerning Human Rights, as well as General Election Commission Regulation Number 15 of 2023 concerning General Election Campaigns. The results showed that political rights are derogable rights, meaning that political rights can be reduced by the state in certain circumstances through laws and regulations and decisions that have legal force. The president as the leader of the country and the leader of the government must be neutral without any partisanship. This is because the presidential campaign regulation stipulated in Law number 7 of 2017 concerning general elections in article 299 does not stand alone. There is article 301 which explains that the president in question is the incumbent president. In the concept of Siyasah syar'iyyah, a leader in running the wheels of government must be fair and Amanah. As referred to by Ibn Taymiyah, a leader should not take sides with relatives, children, or relatives. Leaders must prioritize the interests of the people over personal interests.
FAKULTAS SYARI’AH DAN HUKUM, UIN SUNAN KALIJAGA YOGYAKARTA
HAK POLITIK PRESIDEN DALAM BERKAMPANYE (STUDI UNDANG-UNDANG NOMOR 7 TAHUN 2017 TENTANG PEMILIHAN UMUM) (Text)
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