PERUSAKAN KREDIBILITAS POLITIK BAKAL CALON PESERTA PEMILIHAN LANGSUNG DI INDONESIA PERSPEKTIF SIYASAH SYAR’IYYAH

Yusuf Abdurrahman, NIM.: 18103070022 (2022) PERUSAKAN KREDIBILITAS POLITIK BAKAL CALON PESERTA PEMILIHAN LANGSUNG DI INDONESIA PERSPEKTIF SIYASAH SYAR’IYYAH. Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

The destruction of the political credibility of prospective direct election participants is one of the problems of political justice that still frequently occurs in this country. The balance of the right to vote and be elected is based on the law contained in the Human Rights Act Article 43 paragraph (1) as well as in Law Number 12 of 2005 concerning Ratification of the International Covenant on Civil and Political Rights. This damage to political credibility occurs by various methods, one of which is reporting potential election contestants to the competent authorities, both the Police and the Corruption Eradication Commission ahead of direct elections. It is feared that this kind of action will be manipulated by the interests of certain individuals to bring down their political opponents and rule out legal correctness. The discourse to postpone investigations and investigations of cases reported on behalf of prospective election contestants until the election was over was made by the Coordinating Minister for Political, Legal and Security Affairs in 2018, but this discourse was rejected by various parties. In this research, the writer is interested in looking further at how this problem is positioned in positive law in Indonesia and how siyāsah syar'iyyah views this problem, especially political rights in Islam. In conducting research, the authors used a type of library research, with the nature of descriptive analysis research. The approach in this study uses a normative approach. The data source used is a primary data source in the form of Law of the Republic of Indonesia No. 39 of 1999 concerning Human Rights and also secondary data sources in the form of books, journals, publications, and previous research as well as data related to this research. The theory used in this study is the theory of siyāsah syar'iyyah, fiqh siyāsah and theory of al-huquq as-siyāsiyah fi al-Islam to analyze the destruction of the credibility of prospective direct election participants and the views of siyāsah syar'iyyah regarding this matter. The results of the study show that the destruction of the credibility of prospective direct election participants who fall into the category of defamation and the spread of fake news has a clear legal umbrella in the Criminal Code Article 310 and Article 28 paragraph (2) of Law no. 11 of 2008 concerning Information and Electronic Transactions. Also regulated in Law No. 7 of 2017 concerning General Elections in discussing black campaigns. However, if the destruction of credibility is a negative campaign then this is justified according to applicable law. It's different if the destruction is done in a different way than above, then it doesn't have a strong legal basis, such as reporting on prospective direct election participants. Actions like this are not in accordance with the concept of siyāsah syar'iyyah which emphasizes good, honest, fair and trustworthy political ethics.

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