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The Right to Vote for People Who Experience Mental/Memory Disorders in Elections Post Constitutional Court Ruling No.135/PUU-XIII/2015 Shobahah, Nurush
Al-Daulah: Jurnal Hukum dan Perundangan Islam Vol. 12 No. 1 (2022): April
Publisher : Prodi Hukum Tata Negara Fakultas Syariah dan Hukum UIN Sunan Ampel Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15642/ad.2022.12.1.148-170

Abstract

ABSTRACT:  MK Decision No.135/PUU-XIII/2015 stipulates that to declare that a voter with mental/memory disorders does not meet the requirements, they must use a mental illness certificate from a doctor. Voters with cognitive/memory disorders who do not have a medical certificate from a doctor will still be recorded in the Permanent Voter List or DPT data collection. Problems arise about how to update the data. What problems arise? Are there voters with mental/memory disorders exercising their right to vote? In reality, many voters with cognitive/memory disorders do not have a cognitive/memory disorder certificate from a doctor. Election organizers responded by continuing to register and include them in the DPT regardless of whether they could exercise their right to vote. The reason is that election organizers avoid the potential for criminal acts to eliminate someone's right to vote. Due to this situation, researchers feel that there is a need to update and reconstruct the voter list updating system for voters with mental/memory disorders. The system used is the Civil Registry, so the government bears data availability for updating. This research is included in socio-legal research with two approaches: the statutory approach and the case approach. The study was conducted in Tulungagung Regency. Keywords: Election, Voters with Mental/Memory Disorders, DPT
The role of BAWASLU in preventing identity theft by political parties participating in the 2024 legislative election from the perspective of islamic law Fitria, Rahajeng Ayu; Shobahah, Nurush
PINISI Discretion Review Volume 9, Issue 2, March 2026
Publisher : Universitas Negeri Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26858/pdr.v1i2.82632

Abstract

Identity theft carried out by political parties during the stages of political party registration, verification, and the determination of political parties participating in the 2024 legislative election has the potential to violate election laws and cause harm to society, especially those with professions that are prohibited from becoming members or administrators of political parties. Using the theoretical basis of Article 93 of Law No. 17 of 2017, BAWASLU (Election Supervisory Agency) is authorized to prevent and take action against electoral violations and election process disputes. Bawaslu, as a key player, as stipulated in the laws and regulations in Indonesia, must address the issues mentioned above. The focus of this research is: 1) How does Bawaslu play a role in preventing identity theft by political parties participating in the 2024 election? 2) How does BAWASLU play a role in preventing identity theft by political parties based on the perspective of Islamic law? The objectives of this research are: 1) To analyze the role of BAWASLU in preventing identity theft by political parties participating in the 2024 election. 2) To analyze the role of BAWASLU in preventing identity theft by political parties based on the perspective of Islamic law. The research method used is empirical legal research. Data collection techniques include interviews, observations, and documentation. The results of the research show that: 1) BAWASLU has carried out its duties and responsibilities in preventing identity theft in accordance with its position, based on Article 94 of Law No. 17 of 2017, by opening public complaint posts at 34 provincial Bawaslu offices and 514 regency/city Bawaslu offices. 2) From the perspective of Islamic law, Bawaslu's role in preventing identity theft by political parties is guided by the principles of nationhood and statehood, as well as the fundamental principles based on Shari’ah as found in the Qur'an, including the principles of sovereignty, justice, consultation, rights and duties of the state and people, and the principle of Amar Ma'ruf Nahi Munkar.