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RATIO DECIDENDI PUTUSAN MAHKAMAH KONSTITUSI NOMOR 65/PUU-XXI/2023 TENTANG KAMPANYE DI FASILITAS PEMERINTAH, TEMPAT IBADAH, DAN TEMPAT PENDIDIKAN
Campaigns are instruments that influence the outcome of general elections, therefore rules related to the campaign process are stipulated in the Election Law (Election Law). It is unfortunate that there is a contradiction between the Explanation of Article 280 paragraph (1) letter h of the Election Law and its basic norms regarding campaigning in government facilities, places of worship, and educational institutions, which was then tested materially in the Constitutional Court. The difference between the article and the explanation is due to the basic norm prohibiting campaigning in these three places, while the explanation of the norm allows the use of these three places as long as the election participants are present without campaign attributes and at the invitation of the person in charge of the place. The judicial review was filed because Petitioner I was a voter in the campaign and Petitioner II was a candidate for the DKI Jakarta Regional Representative Council, both of whom belonged to religious minorities. In the Petitioners' electoral district, there was an imbalance in places of worship, and if the campaign process referred to the explanation of the article in question, it would hinder the democratic process for minority communities. The type of research used is normative legal research with data collection techniques in the form of literature research using a case approach, conceptual approach, and statute approach. There are three types of data collection materials, namely primary materials in the form of legislation and Constitutional Court decisions, secondary materials in the form of literature such as books, journals, and articles, and tertiary materials in the form of the KBBI (Big Indonesian Dictionary), legal dictionaries, and the internet. The technique for processing and analyzing the materials in this study adopts a qualitative method, which is then presented in a descriptive form. This study produced three findings. First, the Constitutional Court judges disregarded social realities and original intent and felt it unnecessary to consider the intentions of the legislators. On the other hand, the Constitutional Court argued that campaign regulations should be left to the legislators and election organizers. Second, although the Constitutional Court's decision applied legal certainty, it failed to provide legal justice and legal benefits because its implementation would exacerbate inequality and potentially cause divisions within society. Third, from the perspective of maslahah mursalah, it is prone to damaging the five things that must be protected (maslahah al-khamsah), namely religion, life, reason, lineage, and property, because the supporting factor of maslahah al-khamsah, namely maslahah hajiyah, which is manifested through legal products (the ruling in question), is not fully realized. The entirety referred to is prohibiting campaigns from using these three places.
FAKULTAS SYARIAH DAN HUKUM, UIN SUNAN KALIJAGA YOGYAKARTA
NIM.: 22103070020 Az Zahra Vasha Masruchi
RATIO DECIDENDI PUTUSAN MAHKAMAH KONSTITUSI NOMOR 65/PUU-XXI/2023 TENTANG KAMPANYE DI FASILITAS PEMERINTAH, TEMPAT IBADAH, DAN TEMPAT PENDIDIKAN (Text)
RATIO DECIDENDI PUTUSAN MAHKAMAH KONSTITUSI NOMOR 65/PUU-XXI/2023 TENTANG KAMPANYE DI FASILITAS PEMERINTAH, TEMPAT IBADAH, DAN TEMPAT PENDIDIKAN (Other)
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