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PENAFSIRAN HUKUM TERHADAP PASAL 299 AYAT (1) UNDANG-UNDANG NOMOR 7 TAHUN 2017 TENTANG PEMILIHAN UMUM (STUDI KASUS: KEBERPIHAKAN PRESIDEN DALAM PEMILIHAN UMUM TAHUN 2024)
Indonesia is a democratic country and upholds the value of human rights where everyone has the right to freedom. But when a president participates in an election in a democratic country, it is important for the president to remain neutral. But in reality in 2024, the president openly gave support to certain candidates. This research examines the issue of presidential favoritism in the context of the 2024 General Election in Indonesia, specifically related to the interpretation of Article 299 of Law Number 7/2017 on General Elections. Therefore, this study has two main focuses of the problem, namely how the president's room for maneuver to take sides in the 2024 General Election based on the interpretation of Article 299 of Law No. 7 of 2017 concerning General Elections, and how the president's partisanship in the 2024 general election according to the perspective of maslahah mursalah. This research uses a normative juridical research method with a descriptive-analytical approach. The approaches used include a statutory approach that is useful for analyzing existing regulations and a conceptual approach to explore and understand important concepts. The theoretical framework used includes the theory of legal interpretation which is used to provide a definite legal interpretation that provides a clearer and deeper understanding of how Article 299 of the Election Law should be applied, as well as the theory of maslahah mursalah which emphasizes the need to consider the good and bad in the implementation of elections and fair behavior. The results show that there is ambiguity in the interpretation of Article 299 of Law No. 7/2017, especially regarding the definition and limits of presidential “favoritism” in elections. The research identifies that the ambiguity of this legal norm has the potential to create a conflict of interest between the president's role as head of state and his political interests as a citizen and there is a gap between the regulation and its implementation. The president has political rights in elections, but on the other hand is also expected to maintain neutrality to ensure a healthy democracy. His space is regulated by law, political norms, as well as supervision from the public and electoral institutions. This study recommends the need for clarity on the provisions of Article 299 of Law No. 7/2017 to provide a clearer definition and limitations on presidential partisanship in elections. In addition, it is necessary to strengthen supervision and law enforcement mechanisms to ensure the neutrality of the head of state in organizing democratic elections. Translated with DeepL.com (free version)
FAKULTAS SYARI’AH DAN HUKUM, UIN SUNAN KALIJAGA YOGYAKARTA
PENAFSIRAN HUKUM TERHADAP PASAL 299 AYAT (1) UNDANG-UNDANG NOMOR 7 TAHUN 2017 TENTANG PEMILIHAN UMUM (STUDI KASUS: KEBERPIHAKAN PRESIDEN DALAM PEMILIHAN UMUM TAHUN 2024) (Text)
PENAFSIRAN HUKUM TERHADAP PASAL 299 AYAT (1) UNDANG-UNDANG NOMOR 7 TAHUN 2017 TENTANG PEMILIHAN UMUM (STUDI KASUS: KEBERPIHAKAN PRESIDEN DALAM PEMILIHAN UMUM TAHUN 2024) (Other)
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342.07 Hukum Pemilihan Umum, Hukum Pemilu