ANALISIS YURIDIS PENUNJUKAN PENJABAT KEPALA DAERAH DALAM PUTUSAN MAHKAMAH KONSTITUSI NOMOR 67/PUU-XIX/2021

Kharisatul Janah, S.H., NIM.: 21203011006 (2023) ANALISIS YURIDIS PENUNJUKAN PENJABAT KEPALA DAERAH DALAM PUTUSAN MAHKAMAH KONSTITUSI NOMOR 67/PUU-XIX/2021. Masters thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

The government's legal politics snapped the election agenda in november 2024, causing vacancies for regional heads in various regions in Indonesia. “There can be no vacuum of power”. Against Article 201 of Law No. 10 of 2016 on the election of governors, regents and Mayors, which is the legal basis for the appointment of acting regional heads, material tests have been carried out, which resulted in the decision of the Constitutional Court Number 67/PUU-XIX/2021. There are two problems in this study, namely, First, How is the legal settlement of the vacancy of the regional head position in the Constitutional Court decision number 67/PUU-XIX/2021 democratic perspective, Second, How is the perspective of the concept of leadership in Islam towards the appointment of the acting head of the region. This type of research is normative juridical research using a case approach, which is used to assess and analyze the arugementation (legal reasoning) of constitutional judges in the Constitutional Court decision number 67/PUUXIX/ 2021, related to the application for material testing Article 201 of law no.10 year 2016 election, the legal materials used in this study in the form of primary legal materials, namely all the rules of law relating to the appointment of acting regional heads and secondary legal materials in the form of journals, books, and related scientific papers. These legal materials were obtained through literature studies and analyzed descriptively-qualitatively. The results of this study stated that the appointment of Acting Regional Head is not in accordance with the principles and principles of democracy adopted in Indonesia, thus causing the decline of democracy, namely, the return of centralization of power in the hands of the central government, as well as a justification for abolishing the regional elections, and a deterioration in the essence of popular sovereignty. This appointment is also not in accordance with the mandate of the Constitutional Court decision number 67/PUU-XIX/2021, because the government does not issue implementing regulations as mandated by the Constitutional Court decision. The analysis of the concept of leadership in Islam does not entirely blame the appointment of the acting head of the region, but rather directs the procedure closer to the concept of leadership in Islam. If elections cannot be held, then the appointment can be made by ahlul ḥāli wal „aqdi or DPRD who serves as the House of Representatives, or appointed directly by the previous leader. Although the concept of leadership in Islam with the concept of leadership in modern democratic systems is different, which in the democratic system, the process of appointing leaders is based on elections involving all elements, and sovereignty is entirely in the hands of the people. While the concept of leadership in Islam according to al-Mawardi and Ibn Taimiyyah, the appointment of leaders/imāmah can be done in several ways, including deliberation, Bai'at, Testament or direct election.

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