PENYELESAIAN SENGKETA PEMILIHAN KEPALA DESA PERSPEKTIF MASLAHAH

Khamidun Arifin, NIM.: 19203012037 (2024) PENYELESAIAN SENGKETA PEMILIHAN KEPALA DESA PERSPEKTIF MASLAHAH. Masters thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

Disputes over the election of village heads often occur in the community, in Law No. 6 of 2014 concerning villages explains that when there is a dispute over the results of the village head election, the regent/mayor must resolve the dispute within 30 days. Based on this, the author is interested in examining how the politics of law on regulations regarding the settlement of disputes over village head elections then how maslahah views the settlement of disputes over village head elections. This research is library research with descriptive analytical research properties and uses a normative juridical approach. the primary legal material used is the rules regarding the settlement of disputes over village head elections and the secondary legal materials used are books, journals or scientific papers and others that can provide an explanation of the primary legal material. the research data analysis technique uses qualitative analysis techniques using maslahah theory and legal political theory to answer the problems in the research. Law Number 6 of 4102in the settlement of village head election disputes article 77 paragraph 6according to Mahfud MD's theory does not fulfill the limitative details, and causes the centralized-donimative and positivistic-intsrumentalistic or non-aspirational character of the settlement, so it can be called a conservative legal product character. In the concept of Dar'ul Mafasid Muqaddamun 'Ala Jalbil Masholih (If there is a combination of maslahat and mafsadat and the maslahat and mafsadat are equally strong, then rejecting mafsadat is preferable to achieving maslahat). But if the mafsadat is greater, then the maslahat should be chosen. Therefore, the process of resolving disputes over village head elections in Law Number 6/2014 Article 37 Paragraph 6 is in accordance with Maslahah Theory.

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