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All Journal Syariah: Jurnal Hukum dan Pemikiran Antmind Review: Journal of Sharia and Legal Ethics
Qodariah Barkah
Universitas Islam Negeri Raden Fatah Palembang, Indonesia
Religion Arts Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Single-Candidate Local Elections in Indonesia: Electoral Cartelization, the Empty Box, and Siyasah Dusturiyyah Utang Rosidin; Qodariah Barkah; Fadillah Mursid; Jalaluddin Jalaluddin; M. Yahya Wahyudin; M. Rio Dozan
Syariah: Jurnal Hukum dan Pemikiran Vol 26 No 2 (2026)
Publisher : Universitas Islam Negeri Antasari Banjarmasin

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18592/sjhp.v26i2.20561

Abstract

This study examines the legal problems and democratic implications of single-candidate regional elections in Indonesia’s 2024 Simultaneous Regional Elections, in which 37 regions had only one candidate pair. Although Constitutional Court Decision Number 100/PUU-XIII/2015 and Articles 54C–54D of Law Number 10 of 2016 provide a legal basis for conducting elections through an empty-box mechanism, the existing framework leaves unresolved questions concerning the legal consequences of an empty-box victory and the possible re-nomination of a candidate defeated by the empty box. This study addresses that gap by developing a conditional-legitimacy test linking constitutional law, electoral competition, and siyāsah dustūriyyah. It employs normative legal research using statutory, conceptual, historical, and comparative-law approaches. The primary legal materials consist of Constitutional Court decisions, legislation, General Elections Commission regulations, and relevant scholarship on democracy, electoral cartelization, and Islamic constitutional theory. The study finds that single-candidate elections are not automatically unconstitutional or inherently incompatible with Islamic political principles. Their legitimacy instead depends on the openness of nomination, the availability of meaningful political choice, the effectiveness of the right to reject through the empty box, and the accountability of the resulting leadership. The limited comparative analysis identifies Indonesia’s mechanism as a distinct institutional design because an empty-box victory may produce a binding legal consequence, although the rules governing renewed nomination remain inadequate. The study recommends an open repeat election with renewed candidate registration, greater decentralization of the nomination process, and separate national and local electoral calendars. Its conclusions regarding democratization and participation are normative inferences rather than statistically established causal claims.
Negotiating Islamic Law and State Norms in Child Marriage Practices in Coastal Indonesia Qodariah Barkah; Suraya Sintang; Leanne Morin
Antmind Review: Journal of Sharia and Legal Ethics Vol. 2 No. 1 (2025): Antmind Review: Journal of Sharia and Legal Ethics
Publisher : ANTMIND YOUTH EMPOWER FOUNDATION

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63077/fer5kf08

Abstract

Despite national legal reforms aimed at curbing child marriage, the practice remains prevalent in Indonesia’s coastal Muslim communities. This study explores the socio-legal dynamics underpinning early marriage in South Minahasa, North Sulawesi, by examining the interaction between Islamic jurisprudence, customary norms, and formal state law. Using a qualitative socio-legal approach, data were collected through in-depth interviews with religious leaders, adat authorities, legal practitioners, affected families, court documents, and field observations. Findings reveal that dominant interpretations of classical Islamic law particularly the emphasis on biological maturity (baligh) as a prerequisite for marriage legitimize child marriage at the grassroots level, often reinforced by socio-economic pressures and honor-based cultural expectations. Moreover, legal instruments such as marriage dispensation and unregistered (siri) marriages are widely used to bypass formal legal constraints. This plural legal reality places religious courts in a normative dilemma between enforcing state law and accommodating communal values. The study argues that preventing child marriage requires not only statutory enforcement but also culturally sensitive engagement with religious authorities, community-based legal education, and a reinterpretation of Islamic norms through the lens of maqāṣid al-sharī‘ah (higher objectives of Islamic law). These findings contribute to broader global discussions on legal pluralism, human rights, and the role of faith-based norms in shaping family law and child protection policies.
Co-Authors Fadillah Mursid Jalaluddin Jalaluddin Leanne Morin M. Rio Dozan M. Yahya Wahyudin Rosidin, Utang Suraya Sintang