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TITIP NAMA PADA KARTU KELUARGA ORANG LAIN DALAM SISTEM ZONASI PPDB PERSPEKTIF HUKUM ISLAM DAN HUKUM POSITIF
Education is important for all members of society. Indonesia a country with a large population, has its own way of managing education. The education system in Indonesia uses a zoning system based on the domicile of students who will enroll in a school. This system is not without its irregularities, such as the practice of listing names on other people’s family cards. This is commonly done by some people in order to circumvent the existing education system. Therefore, researchers are interested in examining this issue by linking it to the theory of proving criminal fraud and its elements, as well as the theory of al-h}i>lah. The questions to be discussed in order to obtain answers are 1) How does the practice of lending names on other people’s Family Cards work in the zoning system? 2) How valid is the practice of lending names on other people’s Family Cards in the zoning system?. This will provide insight into the practice of lending names on other people’s Family Cards and a review of the theories of Proof and al-hilah. This type of research is field research, which will be used by researchers to examine this issue using relevant library materials. The approach used is normative juridical, focusing on legal aspects and legislation. The theories used are al-h{i>lah and state administration theory as the analytical tools that will be used in this study. The primary data used are Permendikbud No. 1 of 2021 concerning the Admission of New Students to Kindergartens, Elementary Schools, Junior High Schools, Senior High Schools, and Vocational High Schools and Law No. 24 of 2013 concerning Population Administration. The secondary data used are books, journals, theses, and other scientific works to support the primary data sources. The results of the study conclude that using someone else's name on their Family Card for PPDB admission from a positive legal perspective, namely state administrative law, violates administrative and ethical principles and justice because it harms other prospective students who should have been accepted within the zoning. And from the perspective of Islamic law, when viewed from the theory of al-hilah Ibn Asyur, the issue of name lending is a form of manipulation that is recognized by the rules as a means to an end, but can deprive others of their rights.
FAKULTAS SYARI’AH DAN HUKUM, UIN SUNAN KALIJAGA YOGYAKARTA
NIM.: 21103060001 Muhammad Latiful Khuluq
TITIP NAMA PADA KARTU KELUARGA ORANG LAIN DALAM SISTEM ZONASI PPDB PERSPEKTIF HUKUM ISLAM DAN HUKUM POSITIF (Text)
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