Jurnal Kajian Hukum dan Sosial
Vol 20 No 2 (2023)

Maqashid’s Lens on Checks and Balances of Simultaneous Elections In Indonesia

Muhaimin Muhaimin (Faculty of Sharia IAIN Kudus, Indonesia)
Sirajul Munir (Faculty of Sharia IAIN Kudus, Indonesia)
Zahratur Rofiqah (Youth Network Majlis Ugama Islam Singapore)



Article Info

Publish Date
27 Dec 2023

Abstract

This study aimed to explore the principle of checks and balances using the results of simultaneous elections from the perspective of Maqashid al-Syariah. This study is legal research with a normative, comparative, and conceptual approach. According to the findings of this study, the scope of maqashid al-sharia has been considered in the control of state life (maqashid al-siyasah) as part of the development of current maqashid studies. In implementing checks and balances, the nation's interests (hifdz al-ummah) are the main objective of consolidating executive and legislative institutions after simultaneous elections. A government will function effectively if the elected president receives support from a broad coalition in parliament; if he receives just minority support in parliament, the government will face political challenges and become unstable. As a result, institutional ties must be strengthened to offer checks and balances based on maqashid siyasi. This study adds to the implementation of checks and balances based on performance and the interests of the people, rather than political sentiment, to develop friendly governance following the simultaneous elections.

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Journal Info

Abbrev

justicia

Publisher

Subject

Religion Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

Description

The journal aims to advance knowledge in Islamic legal studies within Muslim societies from various perspectives, enriching both theoretical and empirical research. It covers a range of subjects, including in-depth studies of living law in Muslim communities, legal negotiations on human rights, and ...