PENAMBAHAN WEWENANG PENJABAT KEPALA DAERAH DALAM SURAT EDARAN MENTERI DALAM NEGERI NOMOR 821/5292/SJ PERSPEKTIF HUKUM ISLAM

Muhamad Bilal Musthofa, NIM.: 19103070055 (2023) PENAMBAHAN WEWENANG PENJABAT KEPALA DAERAH DALAM SURAT EDARAN MENTERI DALAM NEGERI NOMOR 821/5292/SJ PERSPEKTIF HUKUM ISLAM. Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

On September 14, 2022, the Minister of Home Affairs ratified the Circular Letter of the Minister of Home Affairs Number 821/5292/SJ. Based on the principles of effectiveness and efficiency, the Minister of Home Affairs added the authority of the acting regional head in the staffing aspect of the state civil apparatus. The problem is whether the addition will be in accordance with the laws and regulations. And whether the regulation will be a maṣlaḥah for the public or for political interests, so that there are concerns about the potential arbitrariness that will be carried out by the acting regional head. The purpose of this study is first, to find out how the view of siyāsah dustūriyyah in the addition of the authority of the Acting Regional Head in Circular Letter of the Minister of Home Affairs Number 821/5292/SJ, second, to find out the Addition of Regional Head Authority in Circular Letter of the Minister of Home Affairs Number 821/5292/SJ from the angle of maṣlaḥah mursalah. This type of research is included in library research with a normative juridical approach or statute approach. This research utilizes primary, secondary, and tertiary data sources with collection done by literature study. The results of this study show that according to the view of siyāsah dustūriyyah, in the formal legislation, the Circular Letter of the Minister of Home Affairs is appropriate. Because based on the substance, it clearly states that the Circular is addressed to all Regional Heads in Indonesia, including Governors, Regents, and Mayors. Meanwhile, in terms of material rules, the Circular Letter of the Minister of Home Affairs Number 821/5492/SJ is not appropriate, because it contains provisions that conflict with higher regulations. From a material point of view, Circular Letter of the Minister of Home Affairs Number 821/5492/SJ contains a statement that states "in terms of dismissal, imposition of sanctions, and employee mutations, the Acting Minister no longer needs to submit a written request for approval to the Minister of Home Affairs". In accordance with the prevailing theory, the substance of the Circular Letter cannot cancel the existing provisions that are in fact contrary to the legislation above it. In the study of maṣlaḥah mursalah, the analysis of the Circular Letter lacks benefit. Because in fact the transfer of ASN is not as easy as it happens and the process is not instantaneous, so there will be a long work vacuum. In addition, there is an abuse of authority that is not in accordance with maṣlaḥah mursalah. A benefit must be certain, not a conjectural benefit. The benefit is also seen to apply generally, not to one group or individual, so that its implementation makes the mudharat more prominent than the benefit.

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