%0 Thesis
%9 Skripsi
%A Dzikron Habibi, NIM.: 22103070008
%B FAKULTAS SYARI’AH DAN HUKUM
%D 2026
%F digilib:79665
%I UIN SUNAN KALIJAGA YOGYAKARTA
%K Proborini Hastuti, M.H.
%P 103
%T PROBLEMATIKA PERUBAHAN PENGATURAN MASA JABATAN KEPALA DESA PASCA UNDANG-UNDANG NOMOR 3 TAHUN 2024 DALAM PERSPEKTIF NEGARA HUKUM
%U https://digilib.uin-suka.ac.id/id/eprint/79665/
%X This research examines the problematic change in the village head’s term of office from six years to eight years with a maximum of two terms as regulated in Law Number 3 of 2024 concerning the Second Amendment to Law Number 6 of 2014 concerning Villages. This study aims to analyze two main issues: (1) the regulation of the extension of the village head’s term of office in Indonesia from the perspective of the rule of law and constitutionalism; and (2) the ideal regulation of the village head’s term of office in Indonesia based on the principle of sadd al-dzari’ah in Islamic jurisprudence.  This research employs a normative legal method using historical, statutory, and conceptual approaches. Legal materials were collected through library research, consisting of primary legal materials in the form of legislation and Constitutional Court decisions, as well as secondary legal materials such as books, scientific journals, and previous studies. The materials were analyzed qualitatively through grammatical, systematic, historical, and teleological interpretation, with sadd al-dzari’ah used as the analytical framework.  The results demonstrate that: first, the extension of the village head’s term of office under Law Number 3 of 2024 is formally valid as applicable law, but substantively raises concerns from the perspectives of the rule of law and constitutionalism, particularly regarding limitation of power, accountability, oversight, transparency, and democratic participation. An eight-year term without proportionate strengthening of control mechanisms may increase the concentration of power. Second, based on sadd al-dzari’ah, term-of-office regulation must prevent means that may reasonably lead to mafsadah, including abuse of authority, corruption, and weakened public control. Considering these risks, the author takes a position against the extension to eight years and considers a six-year term more proportionate, provided that it is accompanied by strong oversight, evaluation, and accountability mechanisms.
%Z Masa Jabatan Kepala Desa, Negara Hukum, Konstitusionalisme, Sadd al-Dzari’ah, Undang-Undang Nomor 3 Tahun 2024