Article Per Year (5 Year)
p-Index From 2021 - 2026
0
P-Index
This Author published in this journals
All Journal Jurnal Konstitusi Jurnal Konstitusi
Noorwahidah Noorwahidah
Dosen Fakultas Syariah IAIN Antasari, Banjarmasin
Humanities Law, Crime, Criminology & Criminal Justice Other

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

Found 2 Documents
Search

 1 
Sengketa Pemilukada Kotawaringin Barat (Analisis Terhadap Putusan MK No. 45/PHPU.D-VIII/2010 dari Perspektif Hukum Negara dan Hukum Islam) Noorwahidah Noorwahidah
Jurnal Konstitusi Vol 8, No 1 (2011)
Publisher : The Constitutional Court of the Republic of Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (475.639 KB) | DOI: 10.31078/jk812

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).
Sengketa Pemilukada Kotawaringin Barat (Analisis Terhadap Putusan MK No. 45/PHPU.D-VIII/2010 dari Perspektif Hukum Negara dan Hukum Islam) Noorwahidah Noorwahidah
Jurnal Konstitusi Vol 8, No 1 (2011)
Publisher : The Constitutional Court of the Republic of Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (475.639 KB) | DOI: 10.31078/jk812

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).
Co-Authors