http://digilib.uin-suka.ac.id/id/eprint/78339 2026-09-17T08:39:51Z info:eu-repo/semantics/descriptiveMetadata https://digilib.uin-suka.ac.id/id/eprint/78339/ TANGGUNG JAWAB HUKUM KEPALA DESA TERHADAP PUTUSAN PTUN TENTANG PENCABUTAN KEPUTUSAN PEMBERHENTIAN PERANGKAT DESA DI DESA LUBUK TAMPANG Indah Nur Hikmah, NIM.: 22103070068 342 Hukum Tata Negara This research is motivated by the legal obligation of the Village Head as a state administrative official to comply with court decisions that have permanent legal force (inkracht van gewijsde) in order to uphold the principle of the rule of law. However, in practice, the Village Head of Lubuk Tampang, Kikim Timur District, Lahat Regency, took unilateral action by dismissing a village apparatus named Abdullah without a written recommendation from the Camat, and only issued a revocation decree after a 2 year delay following the Palembang Administrative Court (PTUN) Decision Number 118/G/2022/PTUN.PLG. Although the dismissal decree was formally revoked in 2024, factually the material and financial rights of the apparatus remained ignored. This condition of pseudocompliance triggered the paralysis of the victim's rights, village governance conflicts, and undermined the principles of legal certainty and justice at the village level. To dissect these problems, the research method used in this study is field research with a socio-legal approach to capture the gap between ideal law and social reality. Primary data sources were obtained directly in the field through observation and in-depth interviews with the dismissed village apparatus as the plaintiff, the Village Head, and the authorities of the Kikim Timur District Government. The nature of this research is descriptive qualitative using two analytical frameworks, namely the Legal Liability Theory to evaluate the shift from official liability to personal liability of public officials, and the perspective of Siyasah Qadhaiyyah to review the ethics of judicial law enforcement from the standpoint of Islamic law. The research findings indicate that the actions of the Village Head of Lubuk Tampang in ignoring the substance of the verdict and engaging in active noncompliance are proven to constitute an abuse of authority (détournement de pouvoir). Based on the Legal Liability Theory, this violation shifts the error from an administrative or official fault into a personal fault of the official, thereby legally binding the Village Head personally to compensate for all material losses, including the delay in job reinstatement and the withholding of financial rights. In the review of Siyasah Qadhaiyyah, ignoring a valid judicial decision is considered a form of tyranny by the ruler that violates the mandate of Surah An-Nisa verse 58 regarding just law enforcement. Therefore, it is recommended that the Lahat Regency Government and the Kikim Timur Camat impose strict administrative sanctions in the form of suspension, and urge policymakers to amend the PTUN Law by adopting mandatory enforcement powers similar to the classical institution of Wilayatul Mazhalim. 2026-06-24 Thesis NonPeerReviewed text id https://digilib.uin-suka.ac.id/id/eprint/78339/1/22103070068_BAB-I_IV-atau-V_DAFTAR-PUSTAKA.pdf text id https://digilib.uin-suka.ac.id/id/eprint/78339/2/22103070068_BAB-II_sampai_SEBELUM-BAB-TERAKHIR.pdf Indah Nur Hikmah, NIM.: 22103070068 (2026) TANGGUNG JAWAB HUKUM KEPALA DESA TERHADAP PUTUSAN PTUN TENTANG PENCABUTAN KEPUTUSAN PEMBERHENTIAN PERANGKAT DESA DI DESA LUBUK TAMPANG. Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA. info:eu-repo/semantics/objectFile info:eu-repo/semantics/objectFile info:eu-repo/semantics/humanStartPage