SISTEM PEMILIHAN PROPORSIONAL TERBUKA PEMILU DI INDONESIA BERDASARKAN KEMANFAATAN KEPASTIAN HUKUM DAN KEADIL

Anugrah Al-Basyir Lubis, S.H., NIM.: 20203012098 (2023) SISTEM PEMILIHAN PROPORSIONAL TERBUKA PEMILU DI INDONESIA BERDASARKAN KEMANFAATAN KEPASTIAN HUKUM DAN KEADIL. Masters thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

This study discusses an open proportional election system based on expediency, legal certainty and justice. This research is motivated by the controversial Material Test process for Law Number 7 of 2017 concerning general elections. On the other hand, an open proportional election system is considered to incur expensive political costs, the rise of money politics that causes corruption. To fight for the benefits of legal certainty and justice, an open proportional electoral system must strengthen oversight mechanisms, strict regulations, transparency, accountability and strong public participation in the implementation of elections, especially those related to violations of ethics and money politics. Because elections are a means of implementing people's sovereignty in the unitary state of the Republic of Indonesia. This type of research is library research with a perspective-analytical nature of research and uses a normative juridical approach. The primary legal material used in this research is Law Number 7 of 2017 concerning general elections. Secondary legal materials used are books, Jurisprudence/Ushul Fiqh, books, journals, or other scientific papers that can provide explanations regarding primary legal materials. The analysis used in this study uses the theory of Islamic maqaṣhid according to Jasser Auda as an analytical knife. The results of this study indicate that the open proportional electoral system in Indonesia has been proven for several years to provide benefit, certainty and justice. Besides that, the aim of an open proportional election system is to increase people's political participation, provide greater opportunities for small political parties to get seats in parliament, voters can directly elect the desired legislative candidate to be able to sit as a member of the council. In principle and technically the open proportional system in Indonesia is very relevant to the maqāshid sharia so that the open proportional system is contained in the law to be maintained and perfected. From the perspective of maqāshid sharia, an open proportional electoral system can be seen as an approach that is in accordance with the principles and objectives or intentions behind Islamic law to obtain benefits, legal certainty and justice contained in maqāshid sharia.

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