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All Journal Al-Risalah : Jurnal Imu Syariah dan Hukum Journal of Public Representative and Society Provision AHKAM : Jurnal Hukum Islam dan Humaniora Innovative: Journal Of Social Science Research
Marpaung, Arifin
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Religion Humanities Computer Science & IT Law, Crime, Criminology & Criminal Justice Public Health Social Sciences Other

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Journal : Al-Risalah : Jurnal Imu Syariah dan Hukum

 1 
ELECTORAL INTEGRITY AT STAKE? ISLAMIC LAW AND INDONESIAN LEGISLATION ON VOTE TRADING Harahap, Najwa Khalilah; Marpaung, Arifin; Hafsah, Aulia; Indah, Usna Nur; Nabilah, Siti Luthfiyah
Al-Risalah VOLUME 24 NO 1, MAY (2024)
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/al-risalah.vi.48967

Abstract

This study aims to analyse the comparison of buying and selling voting rights in general elections from the perspective of Islamic law and Indonesian national law. The buying and selling of voting rights is an act that involves the exchange of voting rights for a certain reward, which is often considered a form of ethical and legal violation. In the context of Islamic law, this practice is viewed through the principles of sharia that emphasise justice, benefit, and the prohibition against buying and selling that contains elements of usury and gharar. Meanwhile, in the perspective of Indonesian national law, the buying and selling of voting rights is regulated by the law governing general elections, which confirms that the practice is illegal and subject to criminal sanctions. This study uses a qualitative method with a descriptive-analytical approach to outline the views of the two legal systems on the buying and selling of voting rights. The results show that in both Islamic law and Indonesian national law, the buying and selling of voting rights is viewed as illegitimate and violates the principles of justice. This research provides recommendations for increasing public understanding and awareness of the importance of maintaining the integrity of voting rights in general elections as well as stricter law enforcement to prevent the practice of buying and selling voting rights.
Co-Authors Hafsah, Aulia Harahap, Andrew Hermawan Harahap, Najwa Khalilah Husaini, Fakhri Indah, Usna Nur Jayawarsa, A.A. Ketut Nabilah, Siti Luthfiyah Nakita, Delvi Salwa Siregar, Ermina Oktaviana Zakwani, Rif’ah