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ISLAM DAN OTORITA DALAM UNDANG-UNDANG NOMOR 3 TAHUN 2022 TENTANG IBU KOTA NEGARA
After the passing of Law No. 3 of 2022 on the Archipelago Capital or IKN, there have been many polemics among the general public, especially regarding the concept of authority as a form of government system for the national capital. The concept is considered to cause confusion due to the fact that it is not recognised in the constitution, which clearly divides the territory of the Republic of Indonesia into provincial units. In addition, the issue that has become the focus of discussion is the government in IKN which will be led by the head of the authorita, which in this case is not elected through Pilkada in general but appointed by the President. This raises the issue of improper drafting of regulations and the strengthening of centralisation of power which is contrary to the principles of reform through strengthening regional autonomy. This research will analyse how the principle of the problem is analysed with siya>sah dustu>riyyah and regional autonomy. This type of research is a legal research with a juridical-normative approach, qualitative research nature and descriptive analysis techniques. Data collection is done through secondary data, consisting of primary legal materials in the form of the IKN Law and secondary legal materials in the form of legal articles and tertiary legal materials in the form of legal dictionaries and or other reference notes. The results showed that the siyasah dusturiyah review of the formation of the IKN Law showed that there was a mechanism that did not work according to the basic principles of law formation according to Islam. The perspective of regional autonomy on the existence of the authoritative government system in IKN shows that the pattern of government becomes more centralised, so that if seen, it will reduce the existence of public participation, one of which is to determine the leader and oversee the course of government towards IKN.
FAKULTAS SYARI’AH DAN HUKUM, UIN SUNAN KALIJAGA YOGYAKARTA
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