PARADIGMA HUKUM DALAM PUTUSAN NOMOR 2/PHPU.PRES-XXII/2024 DITINJAU DARI MASLAHAH MURSALAH

Muhammad Doni Taufiq Qurrahman, NIM.: 21103070008 (2025) PARADIGMA HUKUM DALAM PUTUSAN NOMOR 2/PHPU.PRES-XXII/2024 DITINJAU DARI MASLAHAH MURSALAH. Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

General elections (Pemilu) are a fundamental pillar of the democratic system, aimed at realizing the sovereignty of the people. However, in practice, the implementation of elections often encounters various challenges, one of which is electoral result disputes that affect political stability and the legitimacy of government. Disputes over election results (PHPU) have become a critical issue governed within the judicial system through the Constitutional Court (Mahkamah Konstitusi), which holds the authority to resolve such conflicts. Therefore, this research aims to analyze the application of legal paradigms by the judges of the Constitutional Court in Decision No. 2 on the 2024 Presidential Election Dispute (PHPU President-XXII) in resolving electoral disputes. This study employs normative legal research with a descriptive-analytical nature. The research approach includes normative juridical analysis, as well as philosophical, conceptual, and case-based approaches. The legal sources used in this study consist of primary legal materials, such as the 1945 Constitution of the Republic of Indonesia, Law No. 48 of 2009 on Judicial Power, and Constitutional Court Decision No. 2 of the 2024 Presidential Election Dispute. Secondary legal materials include legal textbooks, law journals, undergraduate theses, and graduate theses. Data collection was conducted through library research. The research findings indicate that the Constitutional Court, in Decision No. 2 of the 2024 Presidential Election Dispute, demonstrates a strong tendency toward the application of legal positivism. However, this approach has drawn criticism, particularly from the dissenting opinions of judges who emphasize the importance of substantive justice and responsiveness to the nation’s socio-political conditions. Therefore, this study recommends that the Constitutional Court more substantially accommodate principles of substantive justice in every decision regarding electoral disputes, by taking into account moral, ethical, and public welfare considerations

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