USD Conference Systems, Seminar Nasional Filsafat 2024

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Dimensi Filosofis dan Humaniora dalam Menjaga Hak Konstitusional Pemilih: Analisis Hermeneutika Terhadap Pasal 48 UU No. 10/2016
Deddi Fasmadhy Satiadharmanto

Last modified: 2024-10-15

Abstract


This study explores the philosophical and humanities dimensions in the judicial review of Article 48 Paragraph (4) of Law No. 10 of 2016, focusing on the protection of voters' constitutional rights in the context of general elections in Indonesia. Using a hermeneutic approach, this research delves into the legal meaning and implications of the article, while identifying potential conflicts of interest involving political parties. The philosophical approach through hermeneutics allows for a deeper analysis of the interaction between law, voter rights, and the surrounding socio-political dynamics. This research employs a mix method approach, combining qualitative normative and quantitative methods. The analysis of relevant regulations and Constitutional Court decisions is integrated with a literature review on constitutional rights and conflicts of interest, as well as surveys to understand public perceptions of election procedures and the nomination process for independent candidates. The quantitative approach is used to measure the extent to which regulatory ambiguity impacts political participation. The results of the research show that Article 48, paragraph (4) of Law No. 10/2016 not only contradicts constitutional principles but also opens opportunities for conflicts of interest that harm voters. Therefore, a more comprehensive legal interpretation is needed, considering philosophical and humanities aspects to ensure fairness and integrity in the electoral process.


Keywords


Hermeneutic Approach, Philosophy, Humanities, Judicial Review, Voters' Constitutional Rights, Conflict of Interest, Article 48 Paragraph (4), Constitutional Court.

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