ANALISIS PEMBATASAN PERIODISASI MASA JABATAN KEPALA DESA BERDASARKAN UNDANG-UNDANG NOMOR 6 TAHUN 2014 TENTANG DESA DITINJAU DARI PERSPEKTIF FIQH SIYASAH

Muhammad Riyadh Syafa'at, NIM.: 19103070086 (2023) ANALISIS PEMBATASAN PERIODISASI MASA JABATAN KEPALA DESA BERDASARKAN UNDANG-UNDANG NOMOR 6 TAHUN 2014 TENTANG DESA DITINJAU DARI PERSPEKTIF FIQH SIYASAH. Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

This study aims to analyze the periodization limitations of the village head's term of office based on Law Number 6 of 2014 concerning Villages from the fiqh siyasah perspective. The polemic about limiting the periodization of the village head's office is an important issue to be discussed. Law Number 6 of 2014 concerning Villages has provided a legal basis for setting the term of office for village heads, but has not explicitly regulated limitations on the term of office. The setting for limiting the periodization of the Village Head's term of office to 3 (three) feasible periods is considered to contain irregularities because it is too long and has experienced a shift in contrast compared to the previous Law which only regulated 2 (two) periods. In addition, the periodization of the term of office for the Village Head is also in stark contrast to the periodization of the term of office for Regional Heads and even the President. This thesis analyzes the relevance, implications, and legal considerations regarding the implementation of term limits for village heads. Through a review of siyasa fiqh, this study reviews the impact of term limits on public benefit, government stability, accountability, and community participation in decision making. This study uses several basic theories as the basis for analysis, namely: Constitutionalism and Fiqh Siyasah. This type of research is library research by collecting, reading and recording and processing research materials in the form of literature that is relevant to the problem. The research approach uses a normative approach, namely by approaching problems using legal norms, especially Constitutional Law (siyasah). Sources of data in this study are in the form of primary data and secondary data, such as related laws and regulations, books, journals, and other media. The data analysis method used is descriptive-analytical. The results of the study show that the legal basis for limiting the periodization of the village head's term of office is regulated in Law Number 6 of 2014 concerning Villages. In the perspective of siyasa fiqh, the periodization of the village head's term of office must pay attention to the principles of maslahatul 'ammah. This principle can be used as a basis for considering limiting the periodization of village head positions in accordance with the public interest and village development goals. It is hoped that this research can contribute to the development of better village governance laws and policies, as well as increase understanding of the fiqh siyasa perspective in the context of public policy.

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