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DUALISME PENGATURAN SUKSESI KEPEMIMPINAN DI YOGYAKARTA (STUDI RELASI PAUGERAN KERATON DAN UU NO. 13 TAHUN 2012 DALAM POLEMIK KEPEMIMPINAN PEREMPUAN)
The issue of women has always been a fascinating topic for debate, specifically regarding the discussion in terms of women's leadership. In line with this, the author found an interesting case where Sultan Hamengkubuwono X appointed his eldest daughter GKR Mangkubumi t replace his position as king. The issue caused pros and cons both from internal and external to the palace. Article 18 paragraph (1) letter m related to the requirements that must be met by the Candidates for Governor and Deputy Governor is that they must submit one of the Wife's Curriculum Vitae. With this means, it is implied that the candidate for Governor of Yogyakarta must be a man. The Palace of Yogyakarta responded by issuing a King's Sabda that appointed the eldest daughter of Sultan Hamengkubuwono X as Crown Princess of Ngayogyakarta Sultanate Hadiningrat. This appointment is against the Palace's Paugeran and Law No. 13/2012. In this study, the author uses a library research method with a normative juridical approach. While the data collection technique is from various references, including books, scientific journals, and relevant laws and regulations. The data obtained is then comprehensively analyzed using the theory of women's leadership and siyasah dusturiyah. The results show that this dualism can actually be a constructive solution in resolving the polemic of women's leadership in Yogyakarta through several mechanisms. First, this dualism allows room for gradual adaptation and transformation. Paugeran as a living customary law has the flexibility to evolve in accordance with the times, as has been shown in the history of the Sultanate of Yogyakarta which is responsive to socio-political changes. Meanwhile, the DIY Privileges Law provides a formal framework that can be interpreted progressively to accommodate these changes. Based on the theory of Siyasah Dusturiyah, to overcome this dualism, harmonization between customary law and state law is needed through regulatory revisions that accommodate the principles of justice, competence, and deliberative participation (shura).
FAKULTAS SYARI’AH DAN HUKUM, UIN SUNAN KALIJAGA YOGYAKARTA
DUALISME PENGATURAN SUKSESI KEPEMIMPINAN DI YOGYAKARTA (STUDI RELASI PAUGERAN KERATON DAN UU NO. 13 TAHUN 2012 DALAM POLEMIK KEPEMIMPINAN PEREMPUAN) (Text)
DUALISME PENGATURAN SUKSESI KEPEMIMPINAN DI YOGYAKARTA (STUDI RELASI PAUGERAN KERATON DAN UU NO. 13 TAHUN 2012 DALAM POLEMIK KEPEMIMPINAN PEREMPUAN) (Other)
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