SINKRONISASI PERATURAN KEBIJAKAN BERBASIS SYARIAH DENGAN PERATURAN PERUNDANG-UNDANGAN TENTANG APARATUR SIPIL NEGARA PERSPEKTIF HUKUM ISLAM

Ro’is Alfauzi, S.H., NIM. 19203012001 (2022) SINKRONISASI PERATURAN KEBIJAKAN BERBASIS SYARIAH DENGAN PERATURAN PERUNDANG-UNDANGAN TENTANG APARATUR SIPIL NEGARA PERSPEKTIF HUKUM ISLAM. Masters thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

This research departs from the existence of sharia-based policy regulations for State Civil Apparatus located in several regions of Indonesia, precisely in Bukittingi City, West Sumatra, and Sumenep Regency, Madura. Sharia-based policy regulations in the area have become pros and cons among experts and some from Commission II of the House of Representatives (DPR), because they bring the realm of worship by shifting work hours into government bureaucratic regulations, and continues to the general public. Another problem is that it can result in delays in services to the public or services to the general public. The focus of the study in this thesis is the first, how is the synchronization and position of sharia-based policy regulations regarding the regulation of worship for state civil servants in the hierarchy of laws and regulations. Second, how the shariabased policy regulations regarding the regulation of worship in the state civil apparatus from the perspective of Islamic law emerged. The type of research used in this thesis is library research and the nature of this research is descriptive-analytic. The stipulation of this sharia-based policy regulation is side by side with Law Number 5 of 2014 concerning State Civil Apparatus. This law explains in detail from the management of ASN to the attitude of ASN as public servants who are required to have a professional spirit, discipline, and responsibility. However, this has become a hot topic of discussion after the issuance of the policy regulation. So ASN must also implement it. Based on vertical synchronization, there is a synchrony between sharia-based policy regulations and the ASN law and is also not included in the hierarchical structure of laws and regulations, because there are several requirements that have not been met, such as the form and external framework of the policy regulations, which are different from the laws and regulations. the existence of attribution and delegation authority from the Constitution and the Law for policy-making officials. The emergence of this sharia-based policy regulation is based on the history of each of these regions because these two regions have an Islamic philosophy so that the use of istihsan in the determination of Islamic law may be followed based on good values because essentially istihsan is used to obtain a benefit and reject harm. but in terms of its implementation, it is still necessary to pay attention to and measure the amount of good value content in it besides the harm.

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