eprintid: 75244
rev_number: 10
eprint_status: archive
userid: 12460
dir: disk0/00/07/52/44
datestamp: 2026-01-21 02:38:33
lastmod: 2026-01-21 02:38:33
status_changed: 2026-01-21 02:38:33
type: thesis
metadata_visibility: show
contact_email: muh.khabib@uin-suka.ac.id
creators_name: Az Zahra Vasha Masruchi, NIM.: 22103070020
title: RATIO DECIDENDI PUTUSAN MAHKAMAH KONSTITUSI NOMOR 65/PUU-XXI/2023 TENTANG KAMPANYE DI FASILITAS PEMERINTAH, TEMPAT IBADAH, DAN TEMPAT PENDIDIKAN
ispublished: pub
subjects: 342
divisions: tata_negara
full_text_status: restricted
keywords: Mahkamah Konstitusi, Ratio Decidendi, Kampanye Pemilihan
Umum
note: Nilman Ghofur, M.Sos.
abstract: 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.
date: 2026-01-05
date_type: published
pages: 150
institution: UIN SUNAN KALIJAGA YOGYAKARTA
department: FAKULTAS SYARIAH DAN HUKUM
thesis_type: skripsi
thesis_name: other
citation:   Az Zahra Vasha Masruchi, NIM.: 22103070020  (2026) RATIO DECIDENDI PUTUSAN MAHKAMAH KONSTITUSI NOMOR 65/PUU-XXI/2023 TENTANG KAMPANYE DI FASILITAS PEMERINTAH, TEMPAT IBADAH, DAN TEMPAT PENDIDIKAN.  Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.   
document_url: https://digilib.uin-suka.ac.id/id/eprint/75244/1/22103070020_BAB-I_IV-atau-V_DAFTAR-PUSTAKA.pdf
document_url: https://digilib.uin-suka.ac.id/id/eprint/75244/2/22103070020_BAB-II_sampai_SEBELUM-BAB-TERAKHIR.pdf