ANALISIS TEORI SISTEM POLITIK DALAM RANCANGAN PERATURAN DAERAH TENTANG MARGA DI PROVINSI SUMATERA SELATAN DALAM PERSPEKTIF “ADAT DI PANGKU SYARIAT DI JUNJUNG”

Muhamad Setiawan, S.H., NIM.: 20203012102 (2022) ANALISIS TEORI SISTEM POLITIK DALAM RANCANGAN PERATURAN DAERAH TENTANG MARGA DI PROVINSI SUMATERA SELATAN DALAM PERSPEKTIF “ADAT DI PANGKU SYARIAT DI JUNJUNG”. Masters thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

Preview	Text (ANALISIS TEORI SISTEM POLITIK DALAM RANCANGAN PERATURAN DAERAH TENTANG MARGA DI PROVINSI SUMATERA SELATAN DALAM PERSPEKTIF “ADAT DI PANGKU SYARIAT DI JUNJUNG”) 20203012102_BAB-I_IV-atau-V_DAFTAR-PUSTAKA.pdf - Published Version Download (5MB) | Preview
	Text (ANALISIS TEORI SISTEM POLITIK DALAM RANCANGAN PERATURAN DAERAH TENTANG MARGA DI PROVINSI SUMATERA SELATAN DALAM PERSPEKTIF “ADAT DI PANGKU SYARIAT DI JUNJUNG”) 20203012102_BAB-II_sampai_SEBELUM-BAB-TERAKHIR.pdf - Published Version Restricted to Registered users only Download (7MB) | Request a copy

Abstract

In the last few months from 2021 to 2022 the DPRD of South Sumatra Province through BAPEMPERDA (Regional Regulation Making Agency) plans to make a regional regulation to revive the Marga system in South Sumatra, the stages that are passed by the people's representatives who sit on the council chair are not just wishes however, it has started with the publication of an academic draft of the regional regulation draft on clans in 2022. So that in this research plan the author will look at the Raperda concept regarding clans that will be initiated by the DPRD from the motto of the Palembang Darussalam Sultanate which became the official state when the clan system triumphed in the past, the Palembang Darussalam Sultanate's motto acculturates between customary law and religious law which reads "Adat in Pangku Shari'a in Junjung, from the identification of these problems the author is interested in examining this research study in the perspective of the motto "Adat in Pangku Shariat in Junjung". The main problem of this thesis is: Is the Raperda on Marga in accordance with the values that are developing in the people of South Sumatra? and Is the Raperda on Marga in South Sumatra in accordance with higher statutory regulations? This research was conducted using the type of library research (Library Research), namely by taking and collecting material from library books related to the issues discussed. This study uses a normative juridical approach, namely research that is focused on examining the application of rules or norms in Islamic law and added some field data (empirical data) so that this research is combined. The theory used in this study is the theory of Political Systems "David Easton". The draft Regional Regulation on Marga in South Sumatra is in accordance with the values that live in the midst of the indigenous people of South Sumatra, the substance of the draft regional regulation on Marga in South Sumatra in Palembang's cultural identity "Adat in Pangku Syariat di Junjung" is very sustainable, In context, the Marga was once under the Palembang Darussalam Sultanate which in fact was an independent Islamic state, even at that time the official law that applied in the Marga was an acculturation between adat and Shari'a which was then compiled into the Simbur Cahaya Law which was valid until the Marga government was abolished. This is reflected in every customary tradition in the clans in South Sumatra, whose traditions have never violated existing religious rules. This was also validated by three traditional leaders representing the three major tribes in South Sumatra. The draft regional regulation on Marga in South Sumatra experienced dynamics when it was reviewed with the 6 preamble texts of the related laws and regulations above it, of the 6 regulations reviewed in the Marga Academic Paper, 5 regulations provided a great opportunity for the Raperda which wanted to revive the Marga system. This is the 1945 Constitution, Republic of Indonesia Law No. 25 of 1959 concerning the stipulation of "Government Regulation in Lieu of Law No. 3 of 1950 concerning the Establishment of the Level I Region of South Sumatra”, Law no. 32 of 2004 concerning Village apparatus, Law no. 6 of 2014 concerning Villages, and Law no. 23 of 2014 concerning Regional Government, while Law no. 5 of 1979 concerning Villages actually closed the opportunity for the revival of the Marga system because this regulation was the cornerstone of the abolition of Marga in the past.

Share this knowledge with your friends :

Actions (login required)

View Item