%A NIM.: 21103070094 Zoana Wangsa Putri
%O Gugun El Guyanie, S.HI., LL.M.
%T ANALISIS WACANA PEMILIHAN KEPALA DAERAH OLEH DEWAN PERWAKILAN RAKYAT DAERAH PERSPEKTIF KAIDAH FIQHIYAH
%X The Regional Head Election (Pilkada) is a fundamental pillar of Indonesia's democratic system, offering citizens the opportunity to directly choose their regional leaders. However, over time, the mechanism of direct elections has encountered various challenges, including the high cost of political campaigns, the prevalence of money politics, and increased polarization among society. Amid these concerns, the discourse on reverting to regional head elections through the Regional People‟s Representative Council (DPRD) has re-emerged, especially ahead of the 2024 elections, with arguments centered on efficiency, political stability, and institutional strengthening. In this context, the study aims to critically examine this discourse from the perspective of positive law and kaidah fiqhiyah within democratic governance.
The objective of this research is to analyze, both juridically and philosophically, the legal framework governing regional head elections conducted by the DPRD and to explore its alignment with the principles of kaidah fiqhiyah. This study adopts a normative legal research method with a statutory and conceptual approach. The data was collected through library research involving primary, secondary, and tertiary legal sources, focusing on relevant legislation and Islamic constitutional thought. The study is descriptive-analytical and seeks to provide theoretical contributions to the field of constitutional law while offering practical insights for policymakers.
The research findings indicate that regional head elections by the DPRD, when analyzed through the lens of Economic Analysis of Law, demonstrate greater efficiency than direct elections, while also reducing political transactional costs and potential social unrest. Furthermore, from the perspective of kaidah fiqhiyah, such a mechanism is normatively and shar‟i-compliant, as long as it upholds fundamental Islamic values such as justice (al-„adl), public interest (al-mashlahah), deliberation (shura), and accountable leadership (mas‟uliyyah). Therefore, elections through the DPRD are not only constitutional under positive law but also legitimate in terms of Islamic values, reflecting a governance model that is efficient, adaptive, and oriented toward public welfare.
%K Pemilihan Kepala Daerah, Dewan Perwakilan Rakyat Daerah, Dar'u al-Mafasid Muqaddamun 'Ala Jalb al-Masalih
%D 2025
%I UIN SUNAN KALIJAGA YOGYAKARTA
%L digilib74614