Tanfidziy: Jurnal Hukum Tata Negara dan Siyasah

Modifikasi Dimensi Hoax dan Negative Campaign dalam Pemilihan Umum Sebagai Wujud Pemenuhan Hak Kebebasan Berpendapat

Ahmad Gelora Mahardika — Sun, 30 Jun 2024 00:00:00 +0000

The election is a regular political momentum in the Indonesian constitutional system. History records that elections have always been a political contestation that presents various dynamics at the national and local levels. This dynamic has various forms, including hoax news or negative campaigns whose truth cannot be verified. However, the Indonesian legal system still needs to provide a concrete definition regarding the differentiation of meaning between insult and criticism. That causes the perpetrators of the criminal act of spreading hoaxes to be interpreted unilaterally by law enforcement even though it was criticism. On the other hand, as the supreme leader of law enforcement, the government has the potential to abuse power and intervene in law enforcement processes, which can disrupt Indonesia's democratic process in elections. Based on this, the idea of modifying the dimensions of hoaxes and negative campaigns in elections, especially related to the criminal system, is urgent. The hypothesis in this study is that it is necessary to modify the dimensions of the election, especially those governing the electoral criminal system as a form of state existence to present democratic elections.

Analisis Putusan Mahkamah Konstitusi No. 85/Puu-Xx/2022 Tentang Badan Peradilan Khusus Pemilu Perspektif Maslahah Mursalah

Hani Nurul Syifa, Cholida Hanum — Sun, 30 Jun 2024 00:00:00 +0000

It should be noted that with the decision of the Constitutional Court No. 85/PUU-XX/2022, the dispute over the determination of the final stage of the election results will be heard, examined and decided by the Constitutional Court, which was previously temporary, but has become permanent because a special electoral judicial body will no longer be established. This creates a polemic that leads to ineffectiveness. So it is interesting to be studied from the aspect of Maslahah Mursalah regarding a policy that can benefit the community and weigh the good or evil. The research method used is normative legal research. The results of the study, namely the legal considerations of the judges in deciding Constitutional Court Decision No. 85 / PUU-XX / 2022 concerning the Special Election Judicial Body, are that the phrase "until the establishment of a special judicial body" in Article 157 paragraph (3) of Law No. 10 of 2016 is contrary to the 1945 Constitution of the Republic of Indonesia and has no binding legal force; further, it is stated that a special court will not be established, but "the case of the dispute over the determination of the final stage of the election results will be examined and decided by the Constitutional Court". and Constitutional Court Decision No. 85/PUU-XX/2022 is not in line with the theory of Maslahah Mursalah, considering that a special court is no longer established by transferring the authority to resolve disputes over election results to the Constitutional Court.

Kontestasi Politik Mantan Terpidana Korupsi dalam Pemilihan Umum (Studi Putusan Mahkamah Agung Nomor 30 P/HUM/2018)

Nova Agustina, Eza Tri Yandy, Sayuti — Sun, 30 Jun 2024 00:00:00 +0000

Supreme Court Decision Number 30 P/HUM/2018 decided that Lucianty, an Indonesiam citizen residing in the city of Palembang with the status of a former convict, was declared permittes to nominate as a member of the legislature as a partricipant in the general election for members of the regional representative council. The reason why Lucianty is allowed to run in the general election as a member of the leguslature is because every citizen has the same opportunity to be elected and chose, provided that he must openly state to the public that he is a former convict by showing proof of a letter from the editor-in-chief of local and national mass media. This research is normative juridical research with a case approach. The results of this research show that in the Supreme Court Deciison Number 30 P/HUM/2018 concering Review of Law Number 7 of 2017 concering General Elections against the 1945 Concering General Eletions againts the 1945 Constitution of the Republic of Indonesia, it is true that there is a conflict of interest and violations of human rights.

Implementasi Peraturan Walikota Salatiga Nomor 118 Tahun 2020 Perspektif Siyasah Syari’yyah (Studi Penyelenggaraan Ketertiban Umum Di Kelurahan Mangunsari Kota Salatiga)

Iroh markamah, Cholida Hanum — Sun, 30 Jun 2024 00:00:00 +0000

According to Article 14 Paragraph 2 Letter D of Salatiga Mayor Regulation No. 118/2020, the lurah has the duty to ensure security and public order in the community at the kelurahan level. This is also in line with the concept of Imamah in Siyasah Shari'yyah, where a leader must provide security for the benefit of his people. However, in Salatiga itself, there are still violations of public order. Therefore, this study is designed to find out how the implementation of Salatiga Mayor Regulation No. 118/2020 in the implementation of security and public order in Mangunsari Urban Village in Salatiga City and the benchmarks for the implementation of security and public order in Mangunsari Urban Village in Salatiga City based on the concept of Siyasah Shari'yyah. The type of research used is empirical legal research. The results of the study found that the implementation of Salatiga Mayor Regulation No. 118/2020 in organizing public security and order in Mangunsari Urban Village is not maximally implemented, due to the lack of awareness of the community in carrying out night watches at the Ronda Post, which is the result of not coordinating a number of residents by the urban village considering the large number of residents. Furthermore, the benchmarks for the implementation of public security and order in Mangunsari Urban Village in Salatiga City, based on the concept of Siyasah Shari'yyah, have also not been achieved, as there are many violations of public security and order. This is not in accordance with the concept of Siyasah Shari'yyah, namely the principles of Wahdatul Ummah, Al-Adalah, Karomah Insaniyah, Al-Musawah, Tasamuh, human cooperation, Al-Huriyah, Al-Huriyah, and Al-Ahklak Al-Karimah. As well as Ad-dharu yuzalu (harm must be eliminated; Jalbul mashalih wa daf'ul mafasid (achieving benefit and rejecting harm); al-mashlahul 'ammah muqaddamah 'alal mashlahatil khasshah (public benefit takes precedence over private benefit).

Kiprah Syaikh Muhammad Arsyad Thalib Lubis (1908-1972) dalam Bidang Politik

Samsul Bahri — Sun, 30 Jun 2024 00:00:00 +0000

This research aims to find out the work of Syaikh Muhammad Arsyad Thalib Lubis (1908-1972), the founding figure of the Islamic mass organisation Al-Jam'iyatul Washliyah, in the political field. The research method consists of four stages, namely heuristic (source collection), verification (sorting / selection), interpretation (interpretation) and historiography (writing). The results of this study show that Syaikh Muhammad Arsyad Thalib Lubis is not only a preacher, teacher, writer, and leader of religious rituals, but also a scholar who is deeply involved in politics in the broader political sense. This political work has been going on for a very long time, from the colonial era until after independence. There were seven actions of Syaikh Muhammad Arshad Thalib Lubis in the political field, viz: (1) his support, through Al-Washliyah, for the existence of the Indonesian Islamic Assembly A'la, which was founded in 1937; (2) his support for Indonesian independence, which was proclaimed by Bung Karno in 1945; (3) his active defence of Indonesian independence through guerrilla warfare, (4) rejecting the formation of the East Sumatra State Federation (NST), (5) fighting for the establishment of Islam in Indonesia through the Constituent Assembly, (6) rejecting the communist ideology that developed in Indonesia, and (7) mediating conflicts between rebels in Indonesia and the central government