Abstrak
Abstract This thesis is the result of work on behalf of Irwansyah with Student Identification Number (NIM) 10120049. The Postgraduate Islamic Law study program at IAIN Bukittinggi, with the title "Money Politics in a Positive Indonesian Legal Perspective and Saddu Dzariah (Studies at the Election Supervisory Body (BAWASLU) of Pasaman Regency West)". The background behind this thesis research is that it begins with concerns about the future of political contestation in Indonesia. Especially in the election and regional elections. It is widely known that the implementation of General Elections and Regional Head Elections in Indonesia is the only way to elect a candidate for Indonesia's leader, starting from the position of village head to head of state. However, in the practice of holding elections and local elections in Indonesia, money politics practices very often occur. In its development, the practice of money politics in Indonesia does not only occur in urban areas, but has mushroomed in all corners of the country. On the one hand, the regulatory apparatus in positive law has regulated the prohibition of the practice of money politics. However, the practice of money politics still occurs in every general election and regional election. On the other hand, the position of the practice of money politics in Islamic law is also still a fairly intense conversation. This happens because the issue of money politics is a contemporary problem, so its legal status has not been clearly formatted. From this, the author feels interested in conducting a scientific study of this research in the form of a thesis research. And the purpose of this study is to look at the practice of money politics from two perspectives, namely the positive legal perspective and saddu dzariah. The research method used by researchers is to use field research, the form of research is qualitative. The data collection was obtained through interviews with the staff of the Election Supervisory Board of West Pasaman Regency. The data obtained by the authors from the informants of the Election Supervisory Body employees are then described in the form of narratives, and not in the form of statistics. The conclusions from this research can be described as follows. First, in Pasaman Baerat Regency there was a practice of money politics at the 2019 General Election. The pattern carried out is a transaction between money and votes. Second, money politics by giving out free shopping coupons at a supermarket. Third, sports facilities assistance. Meanwhile, money politics in the 2021 regional elections, among others, are. First, the procurement of cheap basic necessities, this is carried out before the registration of the Regional Head Election. Second, money politics transactions. And the third is the distribution of hijab during the campaign. From the series of patterns or practices of money politics found, when viewed with a positive legal approach, such money politics practices can be punished if they are carried out after the candidate candidates have been registered as participants in the General Election and Regional Head Elections. However, if the money politics transaction is carried out before being registered as a participant in the General Election or Regional Head Election, it cannot be punished. The positive law also states that people who carry out money politics during elections are only those who give money who can be punished. Meanwhile, in the implementation of the Pilkada, the giver and the recipient of money can be both punished. This indicates that the positive law is not yet very firm, and has not comprehensively regulated the issue of money politics in both the General Election and Regional Head Elections. This is because the elements of money politics are only categorized as money politics if they are carried out after the registration of participants in the General Election and Regional Head Elections, the campaign period, quiet days and election days. As for Saddu Dzariah's perspective, the practice of money politics must be prohibited, both those carried out with money transactions and other financial transactions. The prohibition of the practice of money politics in the saddu dzariah perspective leads to the prohibition of the practice of money politics.