Pandangan Fiqih Siyasah dalam Menentukan Persyaratan Pendidikan Calon Anggota Legislatif dalam Undang-Undang Nomor 7 Tahun 2017

Abstract

The main problem in this study is the Educational Requirements for Candidates for Legislature Members in Law Number 7 of 2017 Fiqh Siyasah Dusturiyah Perspective. The type of research used is library research using qualitative research methods. The data sources used in this study are secondary data sources consisting of primary legal sources, namely the Qur'an, the 1945 Constitution, Law Number 7 of 2017 concerning General Elections. The results of this study are first the requirements for high school graduate legislative candidates in article 240 letter (e) of law number 7 of 2017 concerning the election, that from the community to members of the legislature themselves such as Achmad Baidowi, Titi Anggraini, Djarot Syaiful Hidayat, Ahmad Ali , Cucun, and Saleh Daulay agreed with the article because being a member of the legislature the most important thing is the people's choice with an honest election process. Second, based on this article, many members of the public, political observers, and members of the legislature who reject candidates for legislative members only have high school graduates, including Ujang Komarudin, Yususf, Irwan, state that they do not agree with the educational requirements for legislative candidates who only have high school graduates, which can be said to be not yet an expert or insightful with the existence of educational limitations and the age of 21 years is classified as a very young age and minimal experience. This is in line with the opinion of Al-Mawardi and Ibn Khaldun stating that to become Ahl al-Halli wa al-Aqdi, a person who is truly able to carry out the mandate, is fair, and has broad insight (religious knowledge and general knowledge) must be possessed up to the level of capable of carrying out jihad, which means that legislators must master all branches of religious and general knowledge. If the legislative institution consists of mujtahids and fatwa experts (mufti), then a state institution will easily solve problems or regulate the country in the direction of Baldatun Toyibatun Wa Robun Ghafur, because everything will be based on the Al-Qur'an and Sunnah in establishing a rule or policy government policies.