ISLAM DAN MASA JABATAN KEPALA DESA DALAM UU NOMOR 6 TAHUN 2014

Nur Salimin, S.H, NIM.: 21203011018 (2023) ISLAM DAN MASA JABATAN KEPALA DESA DALAM UU NOMOR 6 TAHUN 2014. Masters thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

This thesis examines the term of office of the village head in Law Number 6 of 2014 who served for six (6) years and three (3) periods. The tenure of the village head is regulated in Article 39 No. 6 of 2014 explains that the term of office for village heads is six years from the date of appointment, provisions for dividing tenure apply throughout Indonesia, provisions regarding tenure for village heads elected through village meetings, can serve consecutively and not consecutively. Limiting the term of office of the village head is the embodiment of implementing democratic principles as well as the spirit of limitation desired by the 1945 Constitution. There is a term of office and a period of office for the president and vice president so that deviation from the principle of limiting the term of office for a village head is a violation of the constitutional mandate. based on the background that has been described, it will be discussed in more depth with the formulation of the problem, namely, First, what is the position of Article 39 concerning the term of office of the village head in Law number 6 of 2014 concerning villages from a democratic perspective? Second, what is the view of the siya>sah dustu>riyyah on the tenure of the village head in Article 39 of Law Number 6 of 2014? This type of research is library research to find the truth in books, news, and reports. The nature of descriptive research is used to examine the status of human groups or objects, a condition, a thought or a class of events at the present time. The author uses a normative approach, the method of law and religion (statute method) to seek the truth in Article 39 of Law no. 6 of 2014 concerning the tenure of the Village Head, along with religious standards, decency, and customs, legal norms are religious norms. Data analysis using qualitative deductive is an activity that is fundamental to general theories, laws, concepts, principles, beliefs. The results of the study explained that first, the term limit for village heads of 6 years with a maximum of 3 terms of office is a constitutional rule suggesting that the term limit for village heads is an embodiment of the implementation of democratic principles as well as the spirit of limitation desired by the 1945 Constitution. So that deviations from the principle of limiting the term of office of the village head is a violation of the constitutional mandate. Second, the tenure of the village head of 6 years and 3 periods in article 39 compared to the period of power in Islamic dusturiyah during the caliph does not limit the term of leadership but must carry out his duties in accordance with the rules that have been written in the law related to the village so that they do not conflict with Islam. . If he cannot carry out his duties as a leader and causes misery for his people, power can be terminated according to Islamic leadership and related laws regarding villages.

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