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ISLAM DAN HAK POLITIK DALAM UNDANG-UNDANG NOMOR 7 TAHUN 2017 TENTANG PEMILIHAN UMUM PASAL 515
The issue of general elections is often one of the democratic parties of society, especially in Indonesia. However, general elections are always addressed with money politics, the election of all candidates, even initiating the golput (white group). This, Thus, community involvement in the Indonesian democratic party is actually part of the obligation or issuing the right to choose a candidate pair to lead in the future government. But the problem arises with the lack of participation found involving young people in general elections which as one (meaningful participation) this trend is not only in young people but also genzy groups, baby bommers who are said to have fulfilled their rights to participate in elections due to complex problems. For example, on the basis that they are outside their area so that it becomes difficult as students or students from other regions, the administrative process is difficult. the difficulty of the process of completing the application to become a voter, in addition there is transmigration, complicated administration, even citizens who work as ship captains are undeniable to choose leaders for the general election. As a result, they choose to invite the campaign to golput. According to Law 7 of 2023 concerning Elections Although the state has regulations in Law No. 7 of 2023 concerning General Elections in Article 515 explicitly the right to vote and the right to be elected is a right, but if you invite or influence others not to vote, you can be punished. However, it raises debate and public struggles regarding the right to vote in general elections. Therefore, this study is important to conduct regarding the provisions of Article 515 of Law Number 7 of 2023 and what is the Islamic perspective. With this, this study discusses Islam and political rights in Article 515 of Law Number 7 of 2023 concerning General Elections, which reflects the philosophical legal aspects that influence how citizens exercise their political rights as freedom of expression or restrictions on human rights in the issue of political rights in choosing a state leader. This research is a normative legal research, with the type of library research. The research approach is juridical-normative. The data sources for this research were obtained from primary, secondary, tertiary sources. With the analysis using descriptive-analytical The purpose of this research: First, to explain the Islamic view in legal politics regarding the Right to elect and be elected. Second, the aspect of the right to elect and be elected is a political right that is not a violation of the law from the aspect of constitutional law, Third, the right to elect and be elected is part of human rights to be respected and obeyed in the limitation of human rights in general elections. The results of this study conclude that: first, choosing and being chosen is a political right, the right to choose and be chosen by the people themselves is a part protected by the 1945 Constitution Article 28 B, Article 28 D, Article 28 E, Article 28 H and Law 39 of 1999 concerning Human Rights. If you do not choose by inviting and influencing others, you can be punished as regulated in the provisions of Law Number 7 of 2023 Article 515. Second, as the right to choose, that political rights in Islam certainly provide flexibility, public interest and welfare, but if there is a violation of the law, it violates the public interest. by inviting not to vote, it is a violation of the law and for abstaining from voting, it is part of the legal customer and can be punished according to the rules.
FAKULTAS SYARI’AH DAN HUKUM, UIN SUNAN KALIJAGA YOGYAKARTA
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