Reviewer - JHSS Maharani English
Reviewer - JHSS Maharani English
Reviewer - JHSS Maharani English
Abstract. Election implementation is essentially a way of selecting someone to fill a political position in the constitution. It is hoped that the
election will produce aspirational, high-quality leaders who are especially able to bring the government closer to the people. However, in
practice, facts were found related to the enthusiasm of the people for the election process and election results, where people are less
enthusiastic and even hurt democratic values. Especially in the implementation of elections conducted abroad. The lack of public participation
abroad in the implementation of elections is caused by their identity not being registered as the Permanent Voters List (DPT) and the long
distance to the polling place (TPS). The loss of their rights is the same as the violation of basic human rights for them and this clearly violates
the Maqasid Shari'ah concept, in which citizens cannot exercise their rights al-darruriyyat. This study uses the method This research uses the
Normative Juridical method in which this research refers to the legal norms contained in the Legislation. The data used was obtained through
a literature study. From the research conducted, it can be understood that in Law No. 7 of 2017 concerning General Elections, matters related
to election procedures abroad are regulated, where the participation of Indonesian citizens living abroad is a form of fulfillment of
constitutional rights and also in the view of maqasid syari'ah elections are important to be implemented in the implementation of elections
abroad.
Therefore this research seeks to examine the syar'iyyah side of education, so that every political party is obliged to provide
the political system in Indonesia on the basis of Law Number political education for the community.
7 of 2017. Basically elections are a means for creating a just, Political rights themselves are an inseparable part of
prosperous and safe society so that it is in line with hifzu al - elections as a consequence of the principle of popular
din (preserving religion), hifzu nafs (preserving the soul), sovereignty. And every citizen has the right to participate in
hifzu al-'aql (preserving the mind), hifzu an-nasl (preserving the political process both from the regional level and from the
offspring), and hifzu al-mal (maintaining property). central level. People's sovereignty can run optimally only if
The above should be the task of the organizing committee society has a tendency to form a participant political culture.
to carry out the socialization properly, not just fulfilling the One of the implementation of citizens' rights is by granting
task. Besides that, the service from the committee must also political rights in general elections. What determines the
be improved, especially for PPLN, where the election democratic level of the political system as the core of
procedure there is more complicated than the election democracy is the participation of the people themselves.
procedure in the country. In order to achieve democratic general elections, it is
necessary to carry out elections with integrity, where
according to the Global Commission on Election, Democracy
II. RESEARCH METHODS and Security led by Kofi A. Annan there are three indicators
This study uses the Normative Juridical method in which of elections with integrity, including: first, voting rights must
this research refers to the legal norms contained in the apply generally and there is equality absolute between every
Legislation. The approach used by researchers in this paper is citizen to be implemented. This is because every individual
a descriptive analysis approach. The approach used by has the same rights towards himself, including in terms of
researchers in this paper is a descriptive analysis approach. holding elections. second, professional, transparent
Researchers explore and collect data by conducting literature implementation accessible to the wider community and not
studies, both obtained through books, journals and related taking sides with one thing. Third, professional work ethics
articles. Thus, this study will present data sourced from and uphold election ethics with integrity and dignity. In
official documents. Data analysis aims to interpret the data addition to these three indicators, in general there are two
that has been arranged systematically by providing requirements as parameters for a democratic state, namely
explanations and describing the data in the form of logical, accountability and the guarantee of the basic rights of the
overlapping and effective regular sentences. people.
One of the government's concrete steps in upholding a
democratic state is by fulfilling the political rights of every
III. RESULTS AND DISCUSION citizen. Where people's sovereignty based on the constitution
must be implemented properly, because this is the benchmark
Overseas Election Process Based on Law Number 7 of of democracy itself. in elections every aspiration given is a
2017 symbol of freedom of opinion in choosing a leader. People's
Constitutional rights are the embodiment of every norm in sovereignty can only be said to be fulfilled if people's right to
the constitution. The constitution itself, according to James vote can be accommodated in elections.
Bryce and C.F Strong, who are adherents of modern Juridically, the basis for enforcing laws and regulations
understanding, equates it with the Constitution. However, in consists of Lex Specialist Derogate Legi Generalis, and Lex
the Constitution, the most important part is the content and Superior Derogate LegiInferior, therefore the structure of the
content. Where James Bryce revealed that the Constitution is a Legislation that regulates the Implementation of Elections is
tool that regulates the formation of a permanent institution the Constitutional Basis in the implementation of Indonesian
that has the function of other fittings and is given certain Elections contained in article 1 (2) Fourth Amendment to the
rights as determined. C.F Strong also stated that the 1945 Constitution. Where elections are a form of
constitution is a collection of principles of government power implementation that true sovereignty is in the hands of the
and the right to be governed so that the relationship between people. Law Number 7 of 2017 concerning Elections is also
the two must be adjusted. the basis for holding elections. which in this law discusses in
Constitutionally, political rights owned by Indonesian detail the definitions, principles, objectives of the election
citizens consist of 3, namely: First, every citizen has equal implementing committee both at home and abroad, duties and
standing before the law and the government. Every citizen has so on. As for the Laws which serve as a technical reference in
the same right to take part in elections, both as voters and the implementation of elections for the president and vice
those who are elected. There is no distinction whatsoever in president, namely Law Number 5 of 2018 concerning
political rights unless the person concerned is subject to a Amendments to the General Election Commission of the
criminal act in the form of revocation of political rights which Republic of Indonesia Regulation Number 7 of 2017
is decided by a court. Second, the right to freedom of concerning Stages, Programs, and also Schedules for
assembly and expression. Every citizen has the right to vote Organizing General Elections, Regulation of the General
and be elected based on their personal views and conscience. Election Commission of the Republic of Indonesia Number 8
Third, the right of every citizen to get political education. of 2018 concerning Voting and Vote Counting for the
Where healthy politics is a reflection of good political
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Election of Governors and Deputy Governors, Regents and Elections, it states that the KPPSLN referred to is divided into
Deputy Regents, Mayors and Deputy Mayors. three classifications, namely KPPSLN TPS LN, KPPSLN
The procedure for conducting General Elections Abroad Post, KPPSLN Mobile Ballot Boxes (KSK ) (Copy of PKPU
for the President and Vice President begins with the provision RI Number 12 of 2018).[6] But in the context of the field, the
of information to the Consulate General of the Republic of existing methods do not have to be used all of them. So in this
Indonesia through the news of the Internal Working Group case it depends on the most probable conditions. KPPSLN
(Pokja) by the Indonesian KPU and the Ministry of Foreign members themselves, functionally have several functions such
Affairs and then received by the relevant Foreign Affairs as announcing the Foreign Permanent Voters List (DPTLN)
communications section. Internal news contains a number of both TPS and Post. Second, they both convey to DPTLN
laws and regulations that regulate the technical members to exercise their right to vote in the general election
implementation of overseas elections, instructions for that will take place. Third, carry out voting and vote counting
conducting elections and other documents related to overseas in accordance with their respective authorities. And the fourth
elections. The next step is that the Indonesian is carrying out the assistance task as ordered by the PPLN
Consulate/KBRI/KRI plan to form an Overseas Election and/or KPU RI as far as it does not conflict with the laws and
Implementation Committee (PPLN). The initial step of this principles in the implementation of the General Election.
plan is to publish to all Indonesian citizens in the relevant
regions regarding the registration of prospective chairmen and Indonesian Citizen Participation in Overseas Elections
also PPLN members. The requirements to become a PPLN are Indonesia is the largest democratic country in the world
Indonesian Citizens. The minimum age is 17 years for PPLN. and continues to build a better democratic administration by
Loyal to Pancasila as the State Foundation, the 1945 improving the quality of holding elections and also trying to
Constitution of the Republic of Indonesia, the Unitary State of adapt legal regulations to the development of society. In a
the Republic of Indonesia, Bhineka Tunggal Ika and the Ideals democratic country, political participation itself is an indicator
of the Proclamation of August 17, 1945. Have a spirit of of the implementation of the highest administration of state
integrity, a strong personality, honest and fair. Not a member power by the people, which is applied through the
of a political party, or no longer a member of a political party involvement of the people in democratic parties. The higher
for at least 5 (five) years. Domiciled in the working area of the political participation of the community, it indicates that
PPLN. Able physically, spiritually and free from drug abuse. the community is able to understand and participate in state
The lowest education level is Senior High School (SMA) or activities. Conversely, a low level of political participation
equivalent. Never been sentenced to prison based on a court indicates that the public lacks appreciation for state activities
decision that has permanent legal force for committing a (Dedi Amrizal, Ahmad Hidayah Dalimunthe and Yusriati). in
crime punishable by imprisonment for 5 years or more the hearts of voters, voters are getting fed up with the five-
(Ministry of Foreign Affairs).[4] year democratic process where it does not bring change to
Setelah diadakan pemilihan dan pelantikan atas anggota people's lives. Society understands that participation in
PPLN is elected, then officially PPLN is obliged to carry out politics is a right, not an obligation. And finally, the people
the mandate as an extension of the KPU RI. Overseas voter are trapped in a routine economic life which makes politics
data updating officers, hereinafter referred to as (Pantarlih not a priority so that it affects the people's perspective on
LN) coordinate with PPLN to prepare Coklit work plans politics (Republika).[8]
abroad. The main task of Pantarlih LN is to check data on In order to provide full political rights to its citizens,
Indonesian citizens registered at the Indonesian elections are not only held within the country but also held
Embassy/KJRI/KRI which will later combine the abroad. The General Election Commission (KPU) formed an
completeness of the data and group them according to gender Overseas Election Committee (PPLN) to hold elections
so that it is easy to classify. The implementation of voter list abroad (Diya UI Akmal).[9] The PPLN's duties are to assist
checks abroad is guided by the procedures for the Overseas the KPU in updating voter data, provisional voter lists, revised
Pantarlih implementation of checklists. The method used in voter lists and final voter lists (Election Organizer Law). as an
carrying out coklit is to match the Voter List on the Model A arm of Bawaslu where if there is a violation then Panwaslu
form - Foreign Voter List with a Passport or SPLP. Complete LN will report to Bawaslu and then will decide cases of
the NIK data or KK number by checking e-KTP and KK. If election violations along with election disputes in the country.
voters cannot show NIK but voters have NIT, then the officer However, until now there are still frequent problems in the
can complete the NIK column on the Model A-List of implementation of elections related to public participation.
Potential LN Voters Form by entering the NIT that has been The government focuses too much on resolving problems that
verified through the digital identity application. Recording occur in the country, even though elections held abroad also
data of voters who have passports or SPLP but have not been experience the same problems and their implementation is still
registered as Overseas Voters in the model A form - List of not optimal. One of the main problems is the loss of political
Potential Foreign Voters (Copy of KPU Decree Number 55 of rights for Indonesian citizens abroad, where the majority are
2023).[5] PPLN members then form the Overseas Voting students who are continuing their education and also
Organizing Group (KPPSLN). As stated in Chapter 1 article Indonesian migrant workers. In the 2019 General Election, as
(1) PKPU RI Number 12 of 2018 concerning Compilation of many as 2,086,285 people were registered on the Final Voter
Overseas Voter Lists in the Implementation of General List (DPT), which are spread centered on the highest
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percentage of the total DPT, such as Hong Kong, Singapore (Polling Place) Voters (Mobile Selector
and Malaysia. In Malaysia itself, the total number of overseas voters Ballot Box)
1 Kuala 127,044 112.536 319,293
voters covers 56%, which means that the total number of DPT Lumpur
is still very low when compared to the indications of the total 2 Johor 5,906 126,063 1,284
number of Indonesian citizens abroad, which has reached 6.5 Bahru
million people (Migrant Care Secretariat).[11] This large 3 Kota 11,287 129,591 0
Kinabalu
difference in numbers will have an impact on the loss of 4 Kuching 1,191 137,424 337
political rights owned by Indonesian citizens abroad. Like the 5 Penang 2,432 30,447 27,731
incident that occurred in Singapore based on information 6 Tawau 20.068 51,922 0
accessed through Kompas, where migrant workers who have Total number
167,928 587,983 348,645
become DPTs do not receive an invitation letter. This is due to 1,104,556
the distribution of invitation letters by PPLN which is not
evenly distributed, causing these migrant workers to lose their The implementation of the Mobile Ballot Box (KSK) is a
right to vote and also because their employers are prevented form of democratic jihad if you look at its struggle in meeting
from obtaining the invitation letter (Luthfia Ayu Azanella). voters, but on the other hand this method is also vulnerable to
[12] violations due to the lack of supervision, where the majority
In determining the Potential Population Data for Overseas of KSKs in Kuala Lumpur were held without supervision
Election Voters (DP4LN), the KPU relies heavily on data (Suar Voting Monitoring Report). [14]
provided by the ministry in charge of foreign affairs. Indeed, it
Post Gender is Monitoring Results in India
TPS
No.
Method
Metho Male Female Data of Fixed Voter Result of Change II Overseas
d (DPTHP II LN)
1 110 340 122 328
not the KPU's task to solve problems with the overall data
collection. As a result of updating the data by the KPPSLN, the
Indonesian citizens abroad, but problems this is the initial number of registered voters at TPS was 110 Indonesian
cause of non-fulfillment of political rights for all Indonesian citizens. As for the people who participate in exercising their
citizens. right to vote by post as registered, there are as many as 63%.
References in elections are formulated by the International From this composition, the number of election participants
Institute for Democracy and Electoral Assistance who became the Permanent Voters List (DPT) was 64 people,
(International IDEA) which have become guidelines for the while for the Additional Voters List (DPTb) there were 12
Indonesian government in drafting regulations regarding people, and for the Special Voters List (DPK) there were 19
elections. But even so, the KPU must remain careful and people (Rie Ekawie Baskhoro).[15]
thorough in implementing it. The existence of problems
related to the DPT and the voting system implemented abroad, Monitoring Results in Singapore
eventually led to complaints against Indonesian citizens who Voter Category in Singapore
No. Voter Category in Singapore Amount
felt that their right to vote was being taken away. Departing 1 Direct TPS Voters 36,692
from this problem, the government should see and move to 2 Post Voters Using TPS 1,414
find a solution that is effective in dealing with this problem. 3 Post Selector 10,296
For example, reforming the law regarding the election system, Total Number of Voters in Singapore 48,402
which in the future can provide convenience in registration, as
well as updating the voting mechanism which is much safer,
easier and can guarantee accuracy. For example by doing e- The holding of elections in Singapore is quite inclusive
voting. In this way, it is hoped that the problems that are often and is also measurable from the procedural requirements for
complained of by Indonesian citizens who are abroad can be voters to be able to exercise their right to vote. Based on
overcome and their rights can be fulfilled and distributed as monitoring, there was an increase in the number of voters
they should (Ni Nyoman Resi Rismadani and Dewa Nyoman caused by high voter euphoria. The increase in the number of
Rai Asmara Putra)[13] voters did not only come from registered voters but also from
In this study, the authors took a sample as a reference for voters who had not been registered before but met the
the participation of Indonesian citizens living abroad. The requirements to vote by bringing or showing a passport or
samples were taken from Malaysia, Singapore and Hong other identity. but with the overwhelming number of voters, in
Kong which were made in table form to make it easier to fact it is not proportional to the total number of DPT.
understand the substance of the report.
Voter Participation in Singapore
Monitoring Results in Malaysia. No. Selector Amount Number of Difference Participation
Type in DPT Incoming
Number of Voters in Malaysia Votes
1 TPS 106,923 36,692 70,231 34%
2 Postal 18,480 11,710 6,770 63%
No. Region Amount TPS Amount KSK Amount Post Mail
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Total number 125,403 48,402 77,001 39% is far from their place of residence and also the lack of
socialization from the implementing committee to them.
From the table it can be seen that the total voter turnout in In the Qur'an there is no firmness regarding procedures
Singapore is 39%. This means that, even though there is an and orders in appointing leaders. But implicitly we can see in
overpopulation of voters, voter participation in Singapore has Surah an-Nisa: 58 where in the verse there is an order to fulfill
not been fully accommodated. The following describes Voter the mandate and decide cases fairly. The order to carry out the
participation in Singapore (migrant care).[16] mandate shows the need for a leader, not just to rule but also
to establish the law among humans in the fairest way.
Review of Maqasid Syari'ah on the Participation of Elections as the big agenda of the nation and state in choosing
Indonesian Citizens Living Abroad in Election leaders must continue to prioritize hifzu al-din, this aims to
Implementation maintain religion, especially in the implementation of
In language Maqasid Syari'ah comes from two words elections. Elections in the context of hifzu an-nafs can be in
namely Maqasid and al-shari'ah. Where maqasid is the jama' the form of providing protection for election participants to be
of maqsid which has the meaning as "goals, targets, things safe and free from feelings of intimidation during the Election.
requested or ultimate goals”(Jasir ‘Audah).[17] While the in the context of hifzu al-'aql it is an obligation for the
word shari'ah itself is linguistically a way to a spring. Whereas government to provide understanding to Indonesian citizens
the word asy-shari'ah in the munawir dictionary means "rules, living abroad to be able to participate in the election
laws, laws". Maqasid Shari'ah itself is interpreted as an implementation as well as possible. Whereas in the an-Nasl
attempt by Islamic law to obtain the goal of permissibility or context it can be in the form of granting rights to vulnerable
prohibition of something. This goal can be a link between al- parties or groups. And the last one is in the context of hifzu al-
Tasyri' al-Islami and several ongoing concepts about Human mal. In this context, its application is more to the
Rights (HAM), development and social justice. implementing agency and election supervisors. Property
The earliest originator of the Maqasid Syari'ah concept maintenance here is in the form of participatory supervision of
was Abd al-Malik al-Juwaini by introducing the terms al- the existence of money politics and the use of the state's
maqasid and al-masalih al-'ammah which mean general budget for personal gain (M.Reza Saputra).[21] If money
benefits. (Jasir ‘Audah).[18] However, along with the politics has become a habit for prospective leaders, there will
development of the times, the scholars began to develop this be many other damages such as corruption which is a disease
concept by classifying it into several basic forms, namely al- that is difficult to cure.
daruriyyat (necessity), al-hujiyyat (necessity) and al-
tahsiniyyat (luxuries). (M. Reza Saputra).[19] According to al- IV. CONCLUSIONS
Syatibi, shari'a is basically applied to realize the benefit of the The procedure for conducting General Elections Abroad
people both in this world and in the hereafter. Thus we can be begins with the provision of information to the Consulate
sure that Allah will not prescribe His laws except for the General of the Republic of Indonesia through the news of the
benefit of all mankind and to prevent and free them from Internal Working Group (Pokja) by the Indonesian KPU and
damage and immorality and sinful acts. According to al- the Ministry of Foreign Affairs and then received by the
Syatibi Dharuriyat includes five objectives, namely protecting relevant Foreign Affairs communications section. The next
religion (ad-din), protecting the soul (hifzh an-nafs), step is that the Indonesian Consulate/KBRI/KRI plan to form
protecting the mind (hifzh al-'aql), protecting offspring (hifzh an Overseas Election Implementation Committee (PPLN). As
an-nasl), protecting property (hifzh al-'aql). -mall). In essence, stated in Chapter 1 article (1) PKPU RI Number 12 of 2018
the privilege of the Shari'a itself is centered on achieving the concerning Compilation of Overseas Voter Lists in the
goals of the Shari'a itself which focuses on the fulfillment of Implementation of General Elections, it states that the
human needs which consist of the levels of al-dururiyyat, KPPSLN referred to is divided into three classifications,
hajiyyat and tahsiniyyat and are divided into several namely KPPSLN TPS LN, KPPSLN Post, KPPSLN Mobile
categories such as hifzu al-din, hifzu an-nafs, hifzu al -'aql, Ballot Boxes (KSK ). KPPSLN members themselves,
hifzu an-nasl and hifzu al-mal. The realization of these human functionally have several functions such as announcing the
values will also create benefit and avoid all forms of damage Foreign Permanent Voters List (DPTLN) both TPS and Post.
on earth. In elections, we can see the application of Maqasid Second, they both convey to DPTLN members to exercise
Syari'ah itself, where by holding elections, the level of their right to vote in the general election that will take place.
Maqasid Syari'ah, namely al-darruruyyat, can be fulfilled. The Third, carry out voting and vote counting in accordance with
problem that occurs is that many Indonesian citizens living their respective authorities. And the fourth is carrying out the
abroad during the election make them unable to participate assistance task as ordered by the PPLN and/or KPU RI as far
and make them part of the Golput group (white group). as it does not conflict with laws and regulations and principles
Abstentions itself is a term that is often used in the world of in the implementation of the General Election.
politics, where when a participant in the voting process does Elections held abroad have also experienced, one of the
not vote or does not choose a single candidate leader until the main problems is the loss of political rights for Indonesian
voting process ends (Wikipedia).[20] Their non-participation citizens abroad where the majority are students who are
in the election can be caused by many things, such as not continuing their education and also Indonesian migrant
being registered in the DPT, the distance of the polling station workers. In the 2019 General Election, as many as 2,086,285
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people were registered on the Final Voter List (DPT), which [6] Salinan Peraturan Komisi Pemilihan Umum Republik
are spread centered on the highest percentage of the total Indonesia Nomor 12 Tahun 2018 Tentang Penyusunan
DPT, such as Hong Kong, Singapore and Malaysia. In Daftar Pemilih di Luar Negeri dalam Penyelnggaraan
Malaysia alone, the total number of overseas voters covers Pemilihan Umum
56%, which means that the total number of DPT is still very [7] Dedi amrizal, Ahmad Hidayah Dalimunthe dan Yusriati.
low when compared to the indications of the total number of “PENANGGULANGAN GOLPUT DALAM
Indonesian citizens abroad, which has reached 6.5 million PELAKSANAAN PEMILU LEGISLATIF DAN
people. PILKADA. (Medan: LEMBAGA PENELITIAN DAN
Elections as the big agenda of the nation and state in PENULISAN ILMIAH AQLI). h.63. 2018.
selecting leaders must continue to prioritize hifzu al-din, this [8] Republika.
aims to preserve religion, especially in the implementation of https://news.republika.co.id/berita/m8f8uk/inilah-3-
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the form of providing protection for election participants to be [9] Sekretariat Migran Care. “Laporan Pemantauan
safe and free from feelings of intimidation during the election. Pemungutan Suara Pendahuluan Pemilu Serentak 2019
in the context of hifzu al-'aql it is an obligation for the Di Luar Negeri (Malaysia, Singapuran, Dan
government to provide understanding to Indonesian citizens Hongkong)”.
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Hak Asasi Manusia,” Jurnal Kertha Negara 7, no. 6.
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[14] Sekretariat Migran Care. “Laporan Pemantauan
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