Universitas Islam Negeri Alauddin Makassar Proceedings, The 1st International Conference on Science and Islamic Studies (ICOSIS-2023)

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Restrictions on the political rights of civil servants in regional head elections from the perspective of maslahah mursalah
Muh. Sadli Sabir

Last modified: 2024-01-04

Abstract


In this reformation era, there is a debate about limiting political rights for civil servants in the elections for regional heads. The aforementioned political rights are active voting rights. This intention is based on the pervasive abuse of those in positions of authority by exploiting the status of civil servants, despite the fact that, in theory, civil officials should respect the principle of impartiality in carrying out their duties. The questions that arise are how the perspective of human rights is related to these restrictions and how these restrictions on political rights are viewed from the Maslahah Mursalah standpoint. This study utilized the library research method with a juridical approach that took into account national law and Islamic law. The study's findings revealed that restrictions on political rights for citizens, particularly civil servants, must meet certain conditions that are considered to pose a threat to the stability and security of the state. In reality, there are many instances of violations in regional head elections, and if not addressed, they may lead to divisions and conflicts in society. Meanwhile, from the perspective of Maslahah Mursalah, the limitations of the political rights of civil servants must adhere to the standards of al-dharuriyah with consideration for prioritizing harm over benefit. In this case, if the authorities abuse their authority in regional head general elections, it will lead to elected regional heads who are neither trustworthy nor fair, thereby undermining the principle of neutrality that must be upheld by the civil servants.

Keywords


Political Rights; civil servants; general elections

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