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All Journal Pembaharuan Hukum AL-HUKAMA´ Jurnal Ibn Abbas Unes Law Review Khazanah Hukum Al-Qadha: Jurnal Hukum Islam dan Perundang-Undangan El-Ahli : Jurnal Hukum Keluarga Islam Journal Of Human And Education (JAHE) Jurnal At-Tabayyun Al-Hukama: The Indonesian Journal of Islamic Family Law
Faza, Amrar Mahfuzh
Sekolah Tinggi Agama Islam Negeri Mandailing Natal
Religion Humanities Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Physics Public Health Social Sciences Other

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An Examination of the Age Restriction of First-Time Voters in Indonesia's Elections From Maqashid Sharia Perspective Faza, Amrar Mahfuzh; Putra, Dedisyah; Mafaid, Ahmad; Rizki, Juni Wati Sri
Al-Qadha : Jurnal Hukum Islam dan Perundang-Undangan Vol 11 No 2 (2024): Al-Qadha: Jurnal Hukum Islam dan Perundang-Undangan
Publisher : Hukum Keluarga Islam IAIN LANGSA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/qadha.v11i2.9286

Abstract

The age restrictions for first-time voters and the age requirements for electoral candidates in Indonesia have become topics of discussion and debate. One such debate revolves around the Constitutional Court's (MK) Decision Number 90/PUU-XXI/2023, which allows individuals under 40 years of age to run for president (capres) or vice president (cawapres), as long as they have experience as a regional head. The Supreme Court has also ruled on the minimum age for governor and deputy governor candidates, setting it at 30 years old, as outlined in Decision Number 23 P/HUM/2024. This study aims to analyze the shift in the paradigm regarding age restrictions for first-time voters in the context of Maqashid Syariah. The research employs a normative legal method with a statute approach to examine the paradigm shift in the regulation of age restrictions for voting rights and explores the implications of this shift on electoral justice and the integrity of political leaders, analyzed through the Maqashid Syariah approach. The findings of this study conclude that age restrictions on voting rights need to be relaxed, as age is no longer a determinant of a citizen's maturity in thinking. In Islam, politics is intended to bring about public benefit in line with the objectives of shariah, as the principle states that the actions of a leader towards their people must be based on the common good. The age restrictions need to be re-evaluated, considering the principle that the original legal status of something is its nonexistence, meaning that the original legal basis for age restrictions on voting and candidacy does not exist. Another principle suggests that legal rulings (fatwas) can change due to changes in time, place, conditions, and objectives (intent). Therefore, it is necessary to re-evaluate the paradigm shift in the regulation of age restrictions for first-time voters to ensure fair elections and local elections for both candidates and voters.
From Conception to Childhood: The Evolution and Significance of Children's Human Rights Putra, Dedisyah; Kasman, Kasman; Harahap, Sumper Mulia; Faza, Amrar Mahfuzh; Nasution, Liantha Adam; Affan, Lazuardi Maulana
Khazanah Hukum Vol. 7 No. 3 (2025): Khazanah Hukum
Publisher : UIN Sunan Gunung Djati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/kh.v7i3.44957

Abstract

This study aims to examine the evolution and significance of children's human rights from conception to childhood, with a particular focus on the Indonesian context, which is rich in cultural and religious diversity. Through a qualitative approach with normative and historical methods, this study analyzes the development of international and national legal norms governing child protection, as well as how social and religious dynamics influence the understanding of children's rights, especially in the prenatal phase. Data were collected through a documentary study of international legal instruments such as the Convention on the Rights of the Child (CRC), Indonesian laws and regulations, as well as academic literature and reports from international organizations. The results of the study show that although Indonesia has adopted various instruments for protecting children's rights, there are still normative gaps related to the recognition and protection of children's rights from infancy. Differences in views arising from cultural and religious diversity are both challenges and potential in formulating more inclusive policies. Therefore, a legal approach is needed that is not only based on international standards but is also sensitive to local values. This study is expected to contribute to the development of more comprehensive and contextual child protection policies in Indonesia.
Co-Authors Affan, Lazuardi Maulana Ahmad Mafaid Asmuni Asmuni Dedisyah Putra Kasman Kasman Kohar, Kohar Mukhlis Lubis Nasution, Edi Marjan Nasution, Liantha Adam Raja Ritonga Sri Rizki, Juni Wati Sumper Mulia Harahap, Sumper Mulia Zainul Fuad