Muhammad Abdul Rosyid Alkharomi
Faculty of Sharia, UIN Fatmawati Sukarno Bengkulu

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Analysis of the Bengkulu Administrative Court Decision Number 01/G/SPPU/2019/PTUN.BKL regarding the Determination of Legislative Candidates by the Seluma Regency General Elections Commission (KPU) from the Perspective of Siyasah Qadhaiyyah Etry Mike; Muhammad Abdul Rosyid Alkharomi
NEGREI: Academic Journal of Law and Governance Vol. 5 No. 1 (2025)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/negrei.v5i1.16623

Abstract

This study examines a dispute concerning the determination of a legislative candidate by the General Elections Commission (Komisi Pemilihan Umum/KPU) of Seluma Regency, which culminated in Decision No. 01/G/SPPU/2019/PTUN.BKL of the Bengkulu Administrative Court (Pengadilan Tata Usaha Negara/PTUN). The dispute involved Maskun, S.E., a legislative candidate representing the National Awakening Party (Partai Kebangkitan Bangsa/PKB), who challenged the decision of the Seluma Regency KPU to revoke his candidacy. This study aims to analyze the legal considerations underlying the judges’ decision and to examine the decision from the perspective of Siyasah Qadhaiyyah. This study employs normative legal research using a library research approach, examining relevant laws and regulations, judicial decisions, books, scholarly literature, and other relevant legal sources. The findings indicate that the Bengkulu Administrative Court carefully considered the applicable legal provisions by upholding the principles of justice and equality before the law, while providing legal protection for the political rights of the aggrieved party. The decision also reflects the principles of judicial independence and transparency in the adjudication process. From the perspective of Siyasah Qadhaiyyah, the decision aligns with judicial independence, equality before the law, transparency, and the protection of individual rights. Therefore, resolving the dispute through the Administrative Court demonstrates the compatibility between applying positive law and the values of justice recognized in Islamic law.