POLITIK HUKUM PEMBENTUKAN UNDANG-UNDANG NOMOR 3 TAHUN 2022 TENTANG IBU KOTA NEGARA PERSPEKTIF SIYASAH DUSTURIYYAH

Ichlasul Ikhsan, NIM.: 19103070022 (2023) POLITIK HUKUM PEMBENTUKAN UNDANG-UNDANG NOMOR 3 TAHUN 2022 TENTANG IBU KOTA NEGARA PERSPEKTIF SIYASAH DUSTURIYYAH. Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

Preview	Text (POLITIK HUKUM PEMBENTUKAN UNDANG-UNDANG NOMOR 3 TAHUN 2022 TENTANG IBU KOTA NEGARA PERSPEKTIF SIYĀSAH DUSTŪRIYYAH) 19103070022_BAB-I_IV-atau-V_DAFTAR-PUSTAKA.pdf - Published Version Download (3MB) | Preview
	Text (POLITIK HUKUM PEMBENTUKAN UNDANG-UNDANG NOMOR 3 TAHUN 2022 TENTANG IBU KOTA NEGARA PERSPEKTIF SIYĀSAH DUSTŪRIYYAH) 19103070022_BAB-II_sampai_SEBELUM-BAB-TERAKHIR.pdf - Published Version Restricted to Registered users only Download (4MB) | Request a copy

Abstract

This research was conducted on the polemic that has arisen in Indonesian society over the formation of Law Number 3 of 2022 on State Capital (IKN Law). IKN Law as a legal basis for the State Capital has been rejected by the public because it is considered to have problems both in its formal and material aspects. This polemic gave the idea of examining the IKN Law from a legal politics perspective. Legal politics specifically intended to explain how the political process influences the formation of the IKN Law by looking at the political configuration behind its creation and how its configuration affects on the character of the IKN Law. To enrich the analysis, the researcher also adds a siyāsah dustūriyyah perspective to explain whether the formation of the law is in accordance with the principles of siyāsah which seeks goodness and prevents badness. This research is a normative legal research that examines library materials with primary and secondary databases to find the legal politics of the formation of IKN Law using a statutory and conceptual approach. The data obtained will be analyzed using a descriptive-qualitative method. The theoretical framework used to analyze the problem includes legal political theories and siyāsah dustūriyyah. This research concluded that the IKN Law was formed in order to fill the regulation of the State Capital which is expected to be a problem solutions for the current State Capital that can meet the community's needs. However, its purposes will be difficult to achieve because the IKN Law doesn’t gain a strong legitimacy from the people. After all, the relatively small participation in its formation has caused the IKN Law to be seen more as a tool to realise the will of the government than to realise the will of the people. In the context of the formation of IKN Law, the placement of politics as a variable that influencing the law is correct, because the political will of the government and parliament have strongly determined the IKN Law. As with this statement, the researcher found a variation in the influence of political configuration on the character of the law. IKN Law, which is classified as a conservative law, was actually born from a democratic configuration. It means, the influence of political configuration on the legal product’s character is not absolute. The researcher also concluded that the principles of deliberation and amar makruf nahi mungkar can be found in the law-making process of IKN Law. However, the presence of IKN Law has not been able to guarantee justice and benefit for society. Therefore, the principles of legislation in the siyāsah dustūriyyah are not fully reflected in the formation of IKN Law.

Share this knowledge with your friends :

Actions (login required)

View Item