STUDI HUKUM ISLAM TERHADAP KELEMBAGAAN NAGARI DI KABUPATEN DHARMASRAYA DALAM PERATURAN DAERAH PROVINSI SUMATERA BARAT NOMOR 7 TAHUN 2018 TENTANG NAGARI

Adri Yanto, NIM.: 21203012124 (2023) STUDI HUKUM ISLAM TERHADAP KELEMBAGAAN NAGARI DI KABUPATEN DHARMASRAYA DALAM PERATURAN DAERAH PROVINSI SUMATERA BARAT NOMOR 7 TAHUN 2018 TENTANG NAGARI. Masters thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

An institution is an organization or community group to helps its members interact with each other to achieve the desired goals. According to scholars, institutional theory is also discussed in detail in Islam using the term siyāsah fiqh. According to Al-Mawardi, leadership (imāmah or khilāfah) is a reflection and key to the welfare of society. Imāmah or khilāfah was instituted to replace prophethood to protect religion and regulate world life. In Regional Regulation Number 7 of 2018 concerning Nagari in article 26, Regional Regulation Number 2 of 2007 concerning the Principles of Nagari Government has been revoked and does not apply. However, the facts on the ground are that the regencies/cities in West Sumatra Province are still implementing the 2007 Regional Regulation. Of course, this is an intellectual anxiety for an academic because it will have implications for the public. The occurrence of dichotomy in existing regulations gives rise to confusion and lack of clarity as well as plural interpretations in a rule. Of course, it will have big implications for the order and management of the government. Problems related to this institutional policy will also be reviewed in the concept of Islamic law to answer them. This type of research is field research with a normative and empirical juridical approach, while the data analysis method used is analytical descriptive. The data collection method used was observation, interviews, and documentation. The results of the research show that the institutional structure of Nagari in the Regional Regulation of West Sumatra Province Number 7 of 2018 concerning Nagari when converted into the siyāsah dustūriyah concept, is a concept of division of power which classifies state institutions into three forms, namely sulṭāh tasri'iyyah (Legislature/Nagari Customary Meeting), sulṭāh qada'iyyah (Judiciary/Customary Court) and sulṭāh tānfidziyyah (Executive/Nagari Government). The foundation is based on 'Urf or regional customs of West Sumatra Province. Conceptually, the principles of the Nagari Regional Regulation are in line with the concept of Islamic law, namely the principles of purpose, democracy, legal certainty, orderly administration of government, the law of the village, and the philosophy of custom, justice, benefit, and expediency. In the implementation of regional regulations in West Sumatra, there was disharmonization, especially in Dharmasraya Regency. In fact, in Provincial Regulation Number 7 of 2018, there are 3 Nagari institutions, namely the Nagari Government, the Nagari Traditional Council, and the Customary Court. However, in practice, it is different in the Dharmasraya district where it is applied. The Dharmasraya Regional Regulation should follow the latest Regional Regulation, this is in line with the theory of the principle of law application, namely the principle of lex posterior derogate legi priori (new legal rules override old legal rules) or in Islam there is Kazakh wa mansukh and the principle of lex superior derogate legi inferior (more advanced regulations). higher rules override lower regulations). Obstacles include the lack of a budget, the community not being ready, and legal certainty or Nagari institutional regulations.

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