Hermeneutical Approach to Understanding Article 48 Paragraph (4) Of Law No. 10 Of 2016: Philosophy, Theology and Protection of Voter Rights in Indonesia
DOI:
https://doi.org/10.38035/sijal.v1i1.92Keywords:
Hermeneutic Approach, Judicial Review, Article 48 Paragraph (4), Constitutional Rights of Voters, Conflict of Interest, Constitutional CourtAbstract
A hermeneutic approach to the judicial review of Article 48 Paragraph (4) of Law Number 10 of 2016 is employed to assess its alignment with the 1945 Constitution of the Republic of Indonesia and to analyze its impact on the constitutional rights of voters. This study uses hermeneutics as a tool to deeply understand the legal meaning and implications of the article, while also examining potential conflicts of interest that may arise from the provision, particularly involving political parties in the electoral process. The research method utilized is qualitative analysis with a normative approach to relevant regulations and Constitutional Court decisions, using a hermeneutic perspective that considers the context and comprehensive interpretation of the law. Data sources include legal documents, Constitutional Court decisions, and literature analyzes related to voters' constitutional rights and conflicts of interest. The findings of this study indicate that Article 48 Paragraph (4) of Law 10/2016 not only conflicts with constitutional principles but also creates opportunities for conflicts of interest among political parties. Therefore, a clearer and more precise interpretation through a hermeneutic approach is required to protect voters' rights and ensure the integrity of the electoral process.
References
Ali Hussain. (2024). The Journey as Destination: Ibn 'Arabi, Jacques Derrida, and Charles Taylor's Creative Etymology in Contemporary 'Social Imaginaries'. Theosophy: Journal of Sufism and Islamic Thought, 14(1), 1-25.
Bastian. (2021). New Voters in Determining Candidate Pairs for Regional Elections (A Study of Political Marketing in the 2007 DKI Jakarta Regional Elections).
Hamid. (2019). The Urgency of Law No. 32 of 2004 on Regional Elections and its Implications for Social Change in Society (Review of the 2008 NTB Regional Elections). Politea: Journal of Islamic Politics.
Deepening Democracy in Indonesia? (2009). Pilkada, Money Politics and the Dangers of "Informal Governance" Practices.
Imawan. (2021). Regional Election Evaluation Framework: Simultaneous Regional Election Evaluation Through the Election Integrity Framework. Adhyasta Election Journal.
Mahbub Siraj. (2021). The Influence of Ibn Arabi in Hamzah Faansuri's Cosmology. Journal of Civilization.
Hajam. (2019). The Understanding of Prophethood in Ibn 'Arabi's Philosophical Sufism and Its Relevance to Religious Understanding. Al-Qalam.
Sudrajat. (2020). Increasing the Participation of Neighborhood Associations in Supervising Regional Elections and Realizing Regional Elections Against Money Politics. Journal of Abdimas Sang Buana.
Chaniago. (2016). Evaluation of the Implementation of the 2015 Simultaneous Regional Elections. Indonesian Politics: Indonesian Political Science Review.
Maslul. (2020). Triangle of Non-Governmental Election Supervision (Synergy of Public Participation, Universities and the Press in Election Supervision). Journal of Legal Studies.
Simarmata. (2016). Dynamics of Local Politics in Regional Head Elections (PILKADA). Journal of Government Politics.
Nugraha, & Mulyandari. (2016). Direct and Indirect Regional Elections in the Perspective of Political Jurisprudence. School of Law.
Taylor, Charles. (2003). Modern Social Imaginaries. Durham: Duke University Press.
Taylor, Charles. (2016). The Language Animal: The Full Shape of the Human Linguistic Capacity. Cambridge: Harvard University Press.
Derrida, Jacques. (1996). Remarks on Deconstruction and Pragmatism. In Deconstruction and Pragmatism, edited by Chantal Mouffe. New York: Routledge.
Ariawan, IGK (2008). Stolen Asset Recovery Initiative: A Hope in Returning State Assets. Kertha Patrika Journal, 33(1).
Transparency International. (2021). Corruption Perceptions Index. Transparency.org.
Prasetyo, H. (2021). Legal Reform in Eradicating Corruption. Journal of Law and Society.
Wahyuningrum, KS, Disemadi, HS, & Jaya, NSP (2020). Independence of the Corruption Eradication Commission: Is It True?. Legal Reflection: Journal of Legal Studies, 4(2), 239-258.
Kusnadi, K. (2020). Policy Formulation of Provisions for Returning Assets from Corruption Crimes. Corruptio, 1(2), 105-116.
Downloads
Published
How to Cite
Issue
Section
License
Copyright (c) 2023 Rahmiati Rahmiati, Svenska Nazwa Aulia, Sanjaya Sendi, Jaudat Ghazza, Satiadharmanto Fasmadhy Deddi
This work is licensed under a Creative Commons Attribution 4.0 International License.
Copyright :
Authors who publish their manuscripts in this journal agree to the following conditions:
- Copyright in each article belongs to the author.
- The author acknowledges that the Siber International Journal of Advanced Law (SIJAL) has the right to be the first to publish under a Creative Commons Attribution 4.0 International license (Attribution 4.0 International CC BY 4.0).
- Authors can submit articles separately, arrange the non-exclusive distribution of manuscripts that have been published in this journal to other versions (for example, sent to the author's institutional repository, publication in a book, etc.), by acknowledging that the manuscript has been published for the first time at SIJAL.
