ISLAM DAN AMBANG BATAS PENCALONAN PRESIDEN DAN WAKIL PRESIDEN (PRESIDENTIAL THRESHOLD) DALAM PUTUSAN MAHKAMAH KONSTITUSI NOMOR 70/PUU-XIX/2021

M.Rafirsa Agung Pratama, S.H., NIM.: 21203011095 (2023) ISLAM DAN AMBANG BATAS PENCALONAN PRESIDEN DAN WAKIL PRESIDEN (PRESIDENTIAL THRESHOLD) DALAM PUTUSAN MAHKAMAH KONSTITUSI NOMOR 70/PUU-XIX/2021. Masters thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

This thesis examines the application for a judicial review of Article 222 of Law Number 7 of 2017 concerning General Elections submitted by Gatot Normantyo. With the main problem being the reason by the applicant that Article 222 is contrary to the 1945 Constitution and does not have binding legal force. In this case, Article 222 is considered an unconstitutional article which has been subject to judicial review several times but the application for the case has always been rejected. Based on this, the author is interested in examining the legal basis and legal considerations of the panel of judges in the decision of the Constitutional Court Number 70/PUU-XIX/2021, as well as how siyāsah dustūriyyah and maqāṣid syarī'ah view of this decision. This type of research is literature research with the nature of descriptive analysis research and using a normative juridical approach. The primary legal materials used are the rules on the Constitutional Court, and the secondary legal materials used are books, journals or scientific papers and others that can provide an explanation of the primary legal materials. Research data analysis techniques use qualitative analysis techniques using the theory of judge judgment and maqāṣid syarī'ah theory to answer problems in research. The results of the study show, as the Constitutional Court's decision, the legal considerations are Article 6A paragraph (2) and Article 8 paragraph (3) by using the concept of consistency with regard to the review of article 222. By looking at the Constitutional Court's decision which only questions the position of the applicant. Without looking at other legal considerations in accordance with the 1945 Constitution, the Law on Judicial Power and Benefit. Meanwhile, according to Jamaluddin 'Atiyyah's view of maqāṣid syarī'ah, he states that it does not always follow a standard pattern, but can change at any time according to the development of human civilization. In the community realm approach that considers social and government structures, maintaining security, upholding justice, protecting morality and religion. Then, the application for this case against article 222, because the Constitutional Court's decision does not only contain the reasons and basis for the decision which originates from written and unwritten law which is used as the basis for adjudicating, as Law/48/2009 in Article 50 paragraph (1). The judge's considerations need to be seen from the original intent of the Constitution which is the basis for controlling government actions, including in making the law. Thus the Constitutional Court's decision can bring benefit.

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