Presidential threshold determination on fiqh siyasah dusturiyah perspective

Hakim, M. Aunul, Hasan, Akhmad Farroh and Hasba, Irham Bashori (2019) Presidential threshold determination on fiqh siyasah dusturiyah perspective. Dialektika, Yogyakarta. ISBN 978-602-5841-33-0 UNSPECIFIED : UNSPECIFIED.

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Abstract

Direct election conducted by the people to elect Indonesian leaders has a mechanism that is regulated in writing. The mechanism for holding elections has experienced its dynamics since 1945 until now, one of which is the nomination of the presidential and vice presidential nominees through the support of political parties or a combination of political parties that have met the requirements and standardized support through national votes. The support mechanism for the selection of presidents and vice presidents is called the presidential threshold. This research tries to examine how the mechanism of determination within the threshold presidential threshold is based on applicable law. Besides understanding the presidential threshold in the concept of Islam through Siyasah Dusturiyah especially through the analysis of the thoughts of Islamic figures about leadership. This research is a type of qualitative research with a library and statute approach. The types and sources of data taken and used in this case are in the form of laws, the opinions of Siyasah Dusturiyah figures and other related information. The results of this research are (1) the threshold for presidential and vice-presidential elections has been established in Article 222 of Act Number 7 of 2017 with a composition of 20% valid votes obtained nationally for political parties or 25% valid votes nationally obtained by a combination of political parties; (2) Ghazali, Ibn Taymiyyah, and Ibn Khaldun assumed that the power of the leader / caliph / sultan / king was a mandate from God. Besides that, Mawardi put forward the theory of social contracts and very clearly stated that in certain circumstances the head of state could be derived from the throne even though the procedure for the decline was not specified. Maududi and Ridha as figures who represent contemporary Islamic political thinkers consider Islam to be a complete religion so there is no need to imitate the western system. However, it will again follow the rules of the community and state during the implementation of the Khulafaur Rasyidin; (3) Fiqh Siyasah Dusturiyah provides the principle in upholding a leader, namely capability and integrity. The absence of nash (texts) specifically in the Qur’an and Sunnah concerning the mechanism of appointment of leaders, precisely Fiqh Siyasah Dusturiyah provides broad space for people’s representatives in the house of representative (DPR) in formulating mechanisms that are appropriate to the situation and conditions in Indonesia. It is here that the moderation of Islam is seen in terms of firmness in achieving goals and flexibility in how to choose for the benefit of the Indonesian people.

Item Type:	Book
Keywords:	General Election, Presidential Threshold, Siyasah Dusturiyah Fiqh
Subjects:	18 LAW AND LEGAL STUDIES > 1801 Law > 180108 Constitutional Law
Divisions:	Faculty of Sharia and Law > Department of Islamic Constitutional Law
Depositing User:	Dr M. Aunul Hakim
Date Deposited:	28 Jun 2022 10:36

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