Article Per Year (5 Year)
p-Index From 2021 - 2026
0.444
P-Index
This Author published in this journals
All Journal SAMARAH: Jurnal Hukum Keluarga dan Hukum Islam Jurnal Keadilan Pemilu
MAWARDI, IRVAN
Unknown Affiliation
Law, Crime, Criminology & Criminal Justice Social Sciences Other

Published : 2 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 2 Documents
Search

 1 
PENYELESAIAN SENGKETA ADMINISTRASI TERHADAP HASIL SELEKSI CALON ANGGOTA KPU/BAWASLU DI PROVINSI DAN KABUPATEN/KOTA Mawardi, Irvan
Jurnal Keadilan Pemilu Vol. 2 No. 2 (2021): Jurnal Keadilan Pemilu
Publisher : Bawaslu Provinsi Jawa Barat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55108/jkp.v2i2.135

Abstract

The General Election Commission (KPU) and the Election Supervisory Agency (Bawaslu) will select election organizers gradually in advance of the 2024 General Election and Regional Election. The time period will end in 2022 or 2023. Such circumstances will have an impact on election preparations and regional head elections. Disputes over the selection stages and results at the State Administrative Court are one of the potentials that can disrupt the selection process for organizers and affect the stages of the general election and local elections. A lawsuit that appears in the middle of the selection stage has the potential to create uncertainty about the schedule for the next selection stage. This is because the Defendant in the Administrative Court is the Selection Team, not the Chairperson of the General Election Comission (KPU)/the General Supervisory Agency (Bawaslu). Furthermore, the dispute resolution process in the Administrative Court takes a long time. The purpose of this study is to examine the administrative dispute resolution arrangement in the selection of election organizers by looking at two things: (1) the legal position of the provincial/district election organizers selection team in dispute in the Administrative Court, and (2) the effectiveness and efficiency of the State Administrative Court's adjudication of the selection results.
Integrating Prophetic Justice and Maqāṣid al-Sharī‘ah In Administrative Resolution of Electoral Process Disputes In Indonesia Mawardi, Irvan; Utama, Yos Johan; Wisnaeni, Fifiana
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol. 10 No. 2 (2026): Samarah: Jurnal Hukum Keluarga dan Hukum Islam
Publisher : Islamic Family Law Department, Sharia and Law Faculty, Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/jy7etz37

Abstract

This article examines the structural limitations in the administrative mechanism for the resolution of electoral disputes (SPPU) in Indonesia and analyzes how these weaknesses impact the protection of citizens' voting rights and the integrity of democracy. The main issues to be studied are structural and procedural weaknesses in the resolution of electoral disputes, the value of prophetic justice, and an integrative adjudication model that can strengthen substantive justice in the resolution of election disputes at the State Administrative Court (PTUN). Using a socio-legal approach combined with the theory of maqāṣid al-sharī‘ah, this study examines the regulatory framework, judicial practices, and principles of Islamic law particularly humanization, liberation, transcendence, maṣlaḥah, izālat al-ḍarar, and raf‘al-ḥaraj. The research findings show that prophetic values ​​provide an ethical foundation for the State Administrative Court (PTUN) to orientate itself toward protecting public rights, while maqāṣid al-sharī‘ah provides a teleological framework that allows judges to interpret procedural boundaries more proportionately to achieve substantive justice. This article proposes a prophetic–maqāṣid adjudication model that encompasses expanding legal standing for voters, testing administrative actions in the form of omissions, flexible deadlines, adaptive standards of proof, and ethical guidelines for judges' deliberations. This integrative model strengthens the PTUN's role as a guardian of electoral justice while harmonizing Islamic moral values ​​with constitutional democratic governance.
Co-Authors Fifiana Wisnaeni Yos Johan Utama