Analisis Analisis Putusan Mahkamah Konstitusi Republik Indonesia Nomor: 02/PHPU.BUP-XXIII/ Tentang Perkara Perselisihan Hasil Pemilihan Umum Bupati dan Wakil Bupati Pasaman Perspektif Hukum Islam

Abstract

This study analyzes Constitutional Court (MK) Decision Number 02/PHPU.BUP-XXIII/2025 regarding the dispute over the 2024 Pasaman Regent and Deputy Regent election results, examining it through the lenses of positive law and Islamic law (fiqih siyasah). The issue arose because the Deputy Regent candidate on ticket number 1, Anggit Kurniawan Nasution, failed to meet the formal candidacy requirements stipulated in Article 7, paragraph (2), letter g of Law No. 10 of 2016. As a former convict in a fraud case, he had utilized a "Certificate of No Criminal Record" that was subsequently revoked by the court, and he had failed to disclose his status to the public. The Constitutional Court partially granted the petition filed by candidate pair number 2 by disqualifying Anggit, annulling the General Elections Commission (KPU) decisions regarding the candidate pair's certification and the election results, and ordering a Re-vote (PSU) excluding him. From the perspective of positive law, the ruling upholds the integrity and legal certainty of the election. In terms of fiqih siyasah, the decision aligns with the principles of amanah (trustworthiness), justice, and the public interest (maslahah), as well as al-Māwardī’s concept of leadership, which emphasizes the honesty and integrity of a leader.