PROBLEMATIKA LEGISLASI RANCANGAN QANUN PERTANAHAN ACEH PERSEPEKTIF SIYASAH DUSTURIYAH DALAM KAJIAN AL-SULTHAH AL-TASYRI’IYAH

Muhammad Farhan Al Ghalib, NIM.: 18103070003 (2022) PROBLEMATIKA LEGISLASI RANCANGAN QANUN PERTANAHAN ACEH PERSEPEKTIF SIYASAH DUSTURIYAH DALAM KAJIAN AL-SULTHAH AL-TASYRI’IYAH. Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

The problem with the formation of the draft Aceh land qanun in the legislative process encountered various obstacles, while the development of cases of agrarian conflicts was growing and had a negative effect on the condition of the Acehnese people, the problem of land crisis and land management in Aceh Province was on the land emergency line, this is shown from the condition Sociology of Acehnese people and the number of land availability in Aceh. This has triggered a public problem regarding the existence of land authority in Aceh Province, which is the mandate of the Helsinki MoU as a commitment to peace between the Central Government and the Aceh Government, but until 2022 it has not been implemented. Therefore, the authors conducted research with the formulation of the problem on what problems were behind the legislation of the Aceh Land Qanun draft and how the Formation of the Aceh Land Qanun Draft in the perspective of Siyasah Dustutriyah. This research was conducted using field research by absorbing primary data from interviews and observations through the DPRA Legislation Board, Commission I DPRA, LBH Banda Aceh, and the DPRA Secretariat. as well as collecting data from writings and other academic materials that are considered relevant as secondary data, the nature of this research is descriptive analysis through a juridical-empirical derivative approach. The limitations of research conducted during the 2019-2021 legislation process. The results of the study based on the analysis concluded that the obstacles to the legislation drafted by Aceh's land qanun lie on the goodwill line between the Central Government and the Aceh Government, as well as the external efforts of the Aceh Government in making the Central Government aware of its commitment to devolving land authority which is a solution step towards land management restructuring and Agrarian conflict resolution in Aceh Province. The legislative efforts that have been carried out by the DPRA in the perspective of siyasa dusturiyah through the study of Al-Sulthah al-Tasyri'iyah are in accordance with properly a parliament in Islam and the rules of iktifa' in it.

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