Justicia Islamica (Dec 2023)

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

  • Muhaimin Muhaimin,
  • Sirajul Munir,
  • Zahratur Rofiqah

DOI
https://doi.org/10.21154/justicia.v20i2.7377
Journal volume & issue
Vol. 20, no. 2

Abstract

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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.

Keywords