PILKADA PADA MASA PANDEMI COVID-19 PERSPEKTIF MAQASID ASY-SYARIʻAH DAN HUKUM PROGRESIF

This thesis research is motivated by the dynamics of politics in the community ahead of the post-conflict local election in 2020 at the time of the COVID-19 pandemic that hit Indonesia. The assumption that the implementation of election voting amid the transmission of the coronavirus pandemic, which was soaring high at that time, was one of the reasons for various groups who wanted the post-conflict local election in 2020 to be postponed. Other polemics that occurred as a result of inconsistent regulations or regulations that were used as the legal basis for the implementation of the post-conflict local election at that time. Both the regulations issued by the government or the General Election Commission (KPU) as election organizers are considered overlapping. The focus of the study in this thesis is the first, how are the dynamics of the regional election regulation in the Covid-19 pandemic? Second, how is the review of maqāṣid asy-syarīʻah and progressive law on the implementation of regional elections during the COVID-19 pandemic? The type of research used in this thesis is library research and the nature of this research is descriptive-analytic. The political dynamics that occurred during the election amid the COVID-19 pandemic cannot be separated from the existence of incompatible laws and regulations. Article 201A Paragraph (3) Perppu Number 2 of 2020 which gives rise to an interpretation as an opportunity to postpone the election. Meanwhile, Article 8C Paragraph (3) of the General Election Commission Regulation Number 5 of 2020 does not at all confirm the same thing, but regulates that the regional elections will continue to be held during the pandemic by implementing health protocols to prevent the transmission of the coronavirus. The dynamics of the regulation on the implementation of the regional elections are contrary to the "principle of preserving the soul or the fulfillment of human rights" in Maqaṣid asy-Syariʻah, as well as the meaning of the substance of the text of legal regulations in progressive law. Maqaṣid asy-Syariʻah emphasizes that in presenting or making law in the form of fatwas, the provisions in fiqh or the views of the consensus of the scholars and regulations or other legal bases must be taken from authentic sources and in presenting legal provisions it must be prioritized for the benefit of the people. Likewise, progressive law also emphasizes that in law the principle of legal certainty and the meaning of the purpose of the legal text itself must be emphasized. Even if later the choice is that to present a progressive effort to take actions outside the provisions of the legal text, you really have to be consistent in choosing that method, while in carrying out actions guided by the provisions of the legal text, one regulation must not be in opposite directions for the sake of creating justice, benefits and legal certainty