International Journal of Law Reconstruction
Vol 8, No 2 (2024): International Journal of Law Reconstruction

Legal Reconstruction of Voter Abstention in Indonesia: Comparative Insights from MUI Fatwa and Electoral Law

Sistyawan, Dwanda Julisa (Unknown)
Safriani, Laela (Unknown)
Judijanto, Loso (Unknown)
Saputra, Edy (Unknown)
Ridwan, Mohammad (Unknown)
Pakarti, Muhammad Husni Abdulah (Unknown)



Article Info

Publish Date
11 Dec 2024

Abstract

This study aims to examine the phenomenon of voter abstention, known as voter abstention (Golongan Putih or Golput), from the perspectives of Islamic law and Indonesian electoral legislation. The research utilizes a qualitative approach, relying on literature reviews and primary governmental documents to analyze how these two legal frameworks address and regulate voter abstention. The study explores the intersection of Islamic jurisprudence, particularly the 2009 fatwa by the Indonesian Ulama Council (Majelis Ulama Indonesia or MUI) that declared Golput haram (forbidden), and Indonesia’s electoral law, specifically Law No. 7 of 2017, which encourages voter participation without penalizing abstention. The findings reveal that while Golput is not prohibited by electoral law, it is framed as a violation of religious duty within Islamic legal thought. Additionally, the study highlights Golput as a form of civil resistance and political expression in Indonesia's democratic system. The analysis of these dual legal systems provides insights into the complexities of voter behavior and presents recommendations for strengthening democratic engagement. The implications of this research suggest that integrating religious principles with legal norms could enhance voter turnout and foster more inclusive electoral participation in Indonesia.

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Journal Info

Abbrev

lawreconstruction

Publisher

Subject

Other

Description

FOCUS The focus of International Journal of Law Reconstruction (IJLR) is to provide scientific Law article based on themes that developed in attendance through the article publications, research reports, and book reviews. SCOPE International Journal of Law Reconstruction (IJLR) specializing in the ...