LEGAL BRIEF
Vol. 14 No. 3 (2025): August: Law Science and Field

Analysis of Constitutional Court Decision Number 2/PHPU.PRES-XXII/2024 Concerning the Dispute over the Results of the 2024 Presidential Election from the Perspective of Siyasah Qadhaiyyah

Sani, Muhammad (Unknown)
Khalid, Khalid (Unknown)



Article Info

Publish Date
31 Jul 2025

Abstract

This study aims to analyze the Constitutional Court Decision Number 2/PHPU.PRES-XXII/2024 concerning the presidential election dispute in 2024 from the perspective of siyasah qadhaiyyah. The findings reveal that the Constitutional Court assessed the case solely from a legal-formal standpoint, emphasizing administrative and procedural evidence without considering the ethical dimensions of power and the socio-political impact of state resource abuse. In the siyasah qadhaiyyah framework, justice is not limited to procedural compliance but must be substantive and directed at preventing tyranny in governance. Judges, according to this perspective, are morally obliged to uncover the hidden motives of power behind legal formalities and to uphold public welfare (maslahah 'ammah). This research recommends a paradigm reform of the Constitutional Court, urging the Court to transcend legal positivism and uphold substantive justice aimed at protecting citizens' rights and the integrity of electoral processes. Thus, siyasah qadhaiyyah serves as an ethical and philosophical foundation for enhancing the Constitutional Court's role as the guardian of democratic justice, rather than merely functioning as a procedural interpreter of legal texts

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Journal Info

Abbrev

legal

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

The LEGAL BRIEF is a publication that is published every half-yearly and is intended as a forum for the exchange of ideas, studies and studies, as well as being a conduit of information, for the purpose of developing the development of legal science and those related to law in Indonesia. This ...