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AFFIRMATIVE ACTION BAGI PENYANDANG DISABILITAS DALAM PENCALONAN ANGGOTA LEGISLATIF (STUDI TERHADAP UNDANG-UNDANG NOMOR 7 TAHUN 2017 TENTANG PEMILU)
People with disabilities are a group that still faces various structural and social barriers in political life, especially in the nomination of legislative members. Although their political rights are guaranteed in various legal instruments, such as Law No. 8 of 2016 on Persons with Disabilities and international conventions like the Convention on the Rights of Persons with Disabilities (CRPD), the representation of persons with disabilities in Indonesia's legislative bodies remains very low. One of the causes is the absence of affirmative action provisions in Law No. 7 of 2017 on Elections, which serves as the primary legal basis for conducting general elections. This study aims to examine the urgency of affirmative action for persons with disabilities in the nomination of legislative members based on Law No. 7 of 2017, as well as to review such policies from the perspective of Maqashid al-syari’ah. This research employs a qualitative method with a normative and descriptive-legal approach. Data were collected through library research by reviewing legislation, academic journals, books, and official documents relevant to the topic. Primary sources include the 1945 Constitution of Indonesia, Law No. 8 of 2016, Law No. 7 of 2017, and Law No. 39 of 1999 on Human Rights. Data collection used documentation techniques, which were analyzed through data reduction, presentation, and conclusion drawing. The findings indicate that affirmative action is a strategic measure to ensure equality and political participation for persons with disabilities, particularly in the legislative nomination process. Without such policies, structural discrimination and accessibility barriers will continue to hinder their political involvement. From the perspective of Maqashid Al-Shari’ah, affirmative action aligns with the objectives of Islamic law (maqāṣid al-sharī‘ah) to promote justice and protect vulnerable groups. Therefore, affirmative action should be incorporated into Indonesia’s electoral system as part of broader legal reforms toward inclusivity and social equity.
FAKULTAS SYARI’AH DAN HUKUM, UIN SUNAN KALIJAGA YOGYAKARTA
AFFIRMATIVE ACTION BAGI PENYANDANG DISABILITAS DALAM PENCALONAN ANGGOTA LEGISLATIF (STUDI TERHADAP UNDANG-UNDANG NOMOR 7 TAHUN 2017 TENTANG PEMILU) (Text)
AFFIRMATIVE ACTION BAGI PENYANDANG DISABILITAS DALAM PENCALONAN ANGGOTA LEGISLATIF (STUDI TERHADAP UNDANG-UNDANG NOMOR 7 TAHUN 2017 TENTANG PEMILU) (Other)
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