KONSEP KETATANEGARAAN WALI NANGGROE DALAM PERSPEKTIF WILAYAH AL-FAQIH

Agus Junaidi, S.H., NIM.: 20203012030 (2022) KONSEP KETATANEGARAAN WALI NANGGROE DALAM PERSPEKTIF WILAYAH AL-FAQIH. Masters thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

With the enactment of Law No. 11 of 2006 concerning the Government of Aceh, Aceh has the specificity of being able to manage its system of government and its powers and powers are slightly different from other regions in Indonesia. one of the powers of Aceh is to be allowed to establish institutions that can assist the Aceh government, namely such as the Wali Nanggroe institution as stipulated in Aceh Qanun No. 8 of 2012 concerning the Wali Nanggroe Institution, which functions as the guardian of Darul Islami in Aceh, safeguards customs and culture, and keep the peace. And it should be noted that the Wali Nanggroe institution does not take care of government or political affairs and so on. In this paper, the author wants to know how the constitutional concept of the Wali Nanggroe institution exists in Aceh, what is the constitutional concept of Wilāyah al-Faqīh, and what are the similarities and differences between Wali Nanggroe and Wilāyah al-Faqīh. The method used is a qualitative research method that focuses on a legal study approach that uses library research and is descriptive analysis in nature, from primary data sources and secondary data sources. The results of this scientific paper show that there are three core points, namely; 1) The Wali Nanggroe Institution is an institutionalization in Aceh that resulted from the Helsinki MoU and the Logga, then was only stipulated through Aceh Qanun No. 2012; 2) Wilāyah al-Faqīh, a concept of Imam Khomeini's thought which was applied in the system of government of the Islamic Republic of Iran after the Reformation of the Islamic Republic of Iran; 3). Wali Nanggroe and Wilāyah al-Faqīh do look the same, but in fact, they are far different, because the Islamic Republic of Iran uses God's sovereignty while Aceh uses people's sovereignty, therefore the constitutional concept of Wali Nanggroe's power and authority is not as flexible, as Wilāyah al-Faqīh who can interfere in political affairs and can even dismiss the president (executive) in the Islamic Republic of Iran because Wilāyah al-Faqīh is the messenger of God's hand, so the one holding the highest authority is the fᾱkih. Meanwhile, Wali Nanggroe has very limited powers, apart from being limited in power and authority, he cannot interfere in political affairs. In fact, the Wali Nanggroe institution in Aceh is only an assistant in the Aceh government because the current Wali Nanggroe institution is different from the Wali Nanggroe that existed during the Aceh kingdom, which had high authority and power, such as Wilāyah al-Faqīh

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