PENGANGKATAN PENJABAT PUBLIK PADA PASAL 201 AYAT (9) UNDANG-UNDANG NOMOR 10 TAHUN 2016 TENTANG PILKADA PERSPEKTIF MASLAHAH

Dasep Saepudin, NIM.: 18103070045 (2022) PENGANGKATAN PENJABAT PUBLIK PADA PASAL 201 AYAT (9) UNDANG-UNDANG NOMOR 10 TAHUN 2016 TENTANG PILKADA PERSPEKTIF MASLAHAH. Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

One of the things that is urgent and is of concern to the public right now is the simultaneous national election of regional heads in 2024. There will be as many as 271 regional heads and deputy regional heads who will end their term of office between the 2022-2023 timeframe. To fill the vacancy in the regional head position, an acting regional head is appointed which is formally regulated in Article 201 paragraph (9) of Law No. 10 of 2016. In the mechanism for appointing the acting regional head, the aspects of transparency, openness and accountability are not fulfilled, so in appointing the official it will be seen whether there are many benefits or harms. In this study, researchers have three problem formulations, namelyfirst, how the appointment of the acting perspectiveMaṣlaḥah. Second,what is the level of benefit in article 201 paragraph (9) of Law number 10 of 2016. Andthird, how the concept of leadership of Ibn Taimiyah views the appointment of the official. The type of research in this thesis is library research(library ressearch). The nature of this research is analytical-theoretical. This research approach uses a juridical-normative approach. The data sources used are primary data sources in the form of Law Number 10 of 2016 concerning regional head elections, then secondary data which includes books, journals, theses, and other literature. The theory used in this research is theoryMaslaḥah,benefit level theory, and Ibn Taimiyah's leadership concept The results of this study are: 1.Maslaḥah looking at the appointment of officials in Law no. 10 of 2016, of course, its existence cannot be denied in a sharia way. However, in the mechanism for appointing these officials, they must be in accordance with the democratic system in Indonesia, namely being elected, not appointed. And to get around this problem, it will be more beneficial if the term of office of the previous regional head is extended 2. If a new official is appointed, it will cause harm, including: harming the democratic system in Indonesia, there is a discrepancy between the new official's policies and the previous definitive regional head's policy, weak legitimacy gained, and the vulnerability of entrusted people with political interests. Meanwhile, if the term of office of the previous regional head is extended, it will bring benefits, including: having strong legitimacy, implementation of policies in the region is clear, the process of extending the term of office of the regional head is simpler, there is no need to make new regulations. 3. The system of appointing public officials who are directly appointed by a higher government is not in accordance with what was desired by Ibn Taimiyah, in which he preferred elections based on direct elections by the people.

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