HAK POLITIK PENYANDANG DISABILITAS UNTUK DIPILIH DALAM PEMILIHAN KEPALA DESA PERSPEKTIF AL-HUQUQ AL-INSANIYYAH FI AL-ISLAM

Ahmad Ali Abdun Nasihi, NIM.: 18103070060 (2022) HAK POLITIK PENYANDANG DISABILITAS UNTUK DIPILIH DALAM PEMILIHAN KEPALA DESA PERSPEKTIF AL-HUQUQ AL-INSANIYYAH FI AL-ISLAM. Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

In Article 5 paragraph (1) of Law Number 8 of 2016 concerning Persons with Disabilities it is explained regarding the rights of persons with disabilities, one of which is political rights, in this case is political participation. The political participation referred to in this study is the participation to be elected in village head elections. In the law on villages and the Regulation of the Minister of the Interior on village head elections, there are no provisions regarding the right of persons with disabilities to participate in village head elections. There are only provisions regarding the requirements that must be met as a candidate for village head, one of which is "both able-bodied". In its interpretation, these requirements are too medical in nature so that they have the potential to make it difficult for persons with disabilities because persons with disabilities are people who have deficiencies or limitations that can be categorized by medical personnel as unhealthy people. The focus of this research problem is how are the political rights of persons with disabilities to be elected in village head elections from the perspective of Al-Ḥuqūq Al-Insāniyyah Fi Al-Islām. The type of research used is library research or library research by reviewing various literature and other sources. The primary data sources for this research are the 1945 Constitution of the Republic of Indonesia, Law Number 8 of 2016 concerning Persons with Disabilities, and Law Number 6 of 2014 concerning Villages. Secondary data includes legal texts in the form of books, journals, research reports, and scientific papers. This study uses a juridical-normative technique, which will legally explain the political rights of persons with disabilities and analyze it with the concept of Al-Ḥuqūq Al-Insāniyyah Fi Al-Islām. The results of this study are based on a juridical review, persons with disabilities who meet the requirements have the right to be elected in village head elections. Al-Ḥuqūq Al-Insāniyyah Fi Al-Islām as a concept of human rights in Islam also upholds and respects equality of rights including the political rights of persons with disabilities to be elected in village head elections. Political participation of persons with disabilities is the implementation of equal political rights for persons with disabilities who are part of citizens and have the same position as others. Although not all persons with disabilities can be categorized as fulfilling the requirements stipulated by law to become village heads, this does not rule out the possibility and opportunities for persons with disabilities in terms of nominating themselves or carrying out their duties as village heads.

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