Jurnal Konstitusi
Vol 8, No 1 (2011)

Sengketa Pemilukada Kotawaringin Barat (Analisis Terhadap Putusan MK No. 45/PHPU.D-VIII/2010 dari Perspektif Hukum Negara dan Hukum Islam)

Noorwahidah Noorwahidah (Dosen Fakultas Syariah IAIN Antasari, Banjarmasin)

Article Info

Publish Date
20 May 2016

Abstract

In addressing the problem Dispute of Election Results (PHPU) of West Kotawaringin, the Constitutional Court (MK) has made a controversial decision. The decision was not only disqualifying candidates, but also ordered the Local Election Commission to appoint elected mayor and deputy mayor. Some experts argue this decision exceeds the authority of the Court. Some other judge that the Court is correct. The Act does give authority to the Constitutional Court to try a PHPU case but not explicitly regulate and define the authority to disqualify a winner. Thus, this decision is an ijtihad of the judges. From the law and legislation of view the decision was not contrary to law. In the Islamic perspective, the decision was in line with maqashid ash-Sharia (Shari’a purposes).

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Journal Info
Jurnal Konstitusi
Website

Abbrev

jk

Publisher

Pusat Penelitian dan Pengkajian Perkara dan Pengelolaan Perpustakaan Mahkamah Konstitusi Republik Indonesia

Subject

Humanities Law, Crime, Criminology & Criminal Justice

Description

The aims of this journal is to provide a venue for academicians, researchers and practitioners for publishing the original research articles or review articles. The scope of the articles published in this journal deal with a broad range of topics in the fields of Constitutional Law and another ...