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ISLAM DAN LIMITASI PERIODISASI KEPEMIMPINAN WALI NANGGROE PROVINSI ACEH DALAM QANUN NOMOR 2 TAHUN 2023
After the enactment of Qanun Number 2 of 2023 concerning the Wali Nanggroe Institution, which brought about changes including the removal of the limitation on the periodization of Wali Nanggroe leadership. The Wali Nanggroe Institution is a customary institution, but in terms of tenure, a Wali needs to have their term limited with periods as per the previous regulation in Qanun Number 9 of 2013, which set the term limit to two periods. The limitation of the leadership period for the head of the Wali Nanggroe institution is an important aspect that needs to be considered in the context of this institution. These limitations can actually prevent the excessive concentration of power in the hands of certain individuals and encourage healthy and transparent leadership transitions, especially since Wali Nanggroe is closely related to both the executive and legislative governance of Aceh. This research aims to answer the formulation of the problem, namely how the constitutionalism theory views the removal of the leadership period limitation of the Wali Nanggroe institution in Aceh Qanun Number 2 of 2023? and what is the perspective of siyāsah dustūriyyah in the formation of Aceh Qanun Number 2 of 2023 regarding the removal of the leadership period limitation of the Wali Nanggroe Aceh? What is the analysis of the Judicial reviewefforts that can be undertaken if Law Number 2 of 2023 contradicts the constitution? This research is a library research with a qualitative research type. The research method used is descriptive analysis with a juridical-normative research approach. Data collection was carried out through secondary data, consisting of primary legal materials in the form of legislation 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. This research uses the theory of constitutionalism and the perspective of siyāsah dustūriyyah. Based on the systematically conducted research framework, the research results include 3 (three) conclusions as findings in the development of Islamic constitutional law studies. The first finding is an analysis of the theory of constitutionalism, that power needs to be limited, and the removal of the limitation on the leadership period of the Wali Nanggroe is considered contrary to the theory of constitutionalism, where a position must have limitations and a defined period of leadership. The second finding, the perspective of siyāsah dustūriyyah on the making of regulations, in this case, Law number 2 of 2023, shows the existence of mechanisms that do not align with the principles of law-making in Islam, including the principles of justice, consultation, leadership, and the qualifications of leaders, and ensuring that the government is accountable to the people and Allah in every policy or rule made by the leaders of a country. The third finding explains that if the Aceh Qanun contradicts the constitution, a Judicial reviewcan be conducted at the Supreme Court.
FAKULTAS SYARI’AH DAN HUKUM, UIN SUNAN KALIJAGA YOGYAKARTA
ISLAM DAN LIMITASI PERIODISASI KEPEMIMPINAN WALI NANGGROE PROVINSI ACEH DALAM QANUN NOMOR 2 TAHUN 2023 (Text)
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