DIRECT POLITICAL CAMPAIGN IN THE MIDDLE OF A PANDEMIC ACCORDING ISLAMIC LEGAL PERSPECTIVE AND POSITIVE LAW
This study aims to identify the Fiqh siyasa analysis of political campaigns amid a pandemic. Furthermore, this thesis also aims to compare the opinions of Ulama, both Madhhab scholars and contemporary Ulama, regarding direct political campaigns amid a pandemic.
This research uses empirical legal research with a positive and Islamic law approach. The criteria obtained are in the form of primary data based on statutory regulations and a legal sociology approach by conducting interviews about the implementation of village head election campaigns in Cintakarya Village, Samarang District, Garut Regency, West Java
The results of the research show that the Government of Indonesia has issued regulations to address the pandemic that has occurred and political contestation that must be carried out with the issuance of the PKPU (General Election Commission Regulation) in which it is explained about the technical implementation of elections amid a pandemic, explicitly not specifying the legal consequences, both criminal and civil related. violation of direct political campaigning amid a pandemic, but it is known that there is a threat through Law No. 6 of 2018 concerning Health Quarantine that holding events that are in crowds on purpose can be subject to criminal penalties, The Opinion of Ulama, Especially the Indonesian Ulema Council “Simply to balance al-kulliyat al-khams, is the core of our religious goals. Balancing the commitment to practice religion according to its provisions as a manifestation in hifzuddin, and also at the same time we protect our souls and brothers from the plague, it can be drawn from this opinion as the basis for protecting each other in this case the spread of the plague, then in If direct political campaigns can harm each other, of course, this has violated one of the maqasid sharia
And it is necessary to regulate regulations and consequences if there are violations in the campaign
52/PMH/2023 | 52/PMH/2023 | Perpustakaan FSH Lantai 4 | Tersedia |
Penerbit
FAK Syariah dan Hukum UIN Jakarta :
UIN Jakarta.,
2023
Deskripsi Fisik
x, 44 Hal
Pernyataan Tanggungjawab
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