LEGALITAS FORMAL KETETAPAN PERATURAN PEMERINTAH PENGGANTI UNDANG-UNDANG NO. 6 TAHUN 2023 TENTANG CIPTA KERJA PERSPEKTIF FIQH Al-DARURAH

Rabiyatul Adawiyah Harahap, S.H, NIM.: 22203011013 (2024) LEGALITAS FORMAL KETETAPAN PERATURAN PEMERINTAH PENGGANTI UNDANG-UNDANG NO. 6 TAHUN 2023 TENTANG CIPTA KERJA PERSPEKTIF FIQH Al-DARURAH. Masters thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

Government regulation in lieu of law (Perppu) is a type of legislation in the State of Indonesia that is included in the hierarcy of legislation in force in the State of Indonesia. This is reinforced in Article 22 paragraph 1 of the 1945 Constitution, the President issues a Perppu on matters of compelling urgency. So in this case Perppu copyright work No. 2 of 2022 publishes regulations on copyright work and has been established into Law No. 6 of 2023 on copyright work. So in this thesis, the formulation of the problem is to find the provisions of Perppu No. 2 of 2022 into Law No. 6 of 2023 on copyright work in the review of legislation theory, then examine the formation of Law No. 6 of 2023 on the provisions of Perppu copyright work reviewed in the responsive law and examine the suitability of fiqh al-ḍarūrah regarding the urgency of forcing the provisions of copyright work legislation. This type of research is library research, to see data such as philosophical, sociological, and juridical foundations. The approach used is a statutory approach and conceptual approach, data analysis is a qualitative analysis method with descriptive analysis research nature. Data sources are primary, secondary, tertiary, and non-legal. The theoretical framework in this thesis is the theory of legislation, the responsive law and fiqh al-ḍarūrah. The results of this study are to explain that, first: in the theory of legislation, the technique of making Perppu is in accordance with the process, but it contradicts the hierarcy of legislation and principles, and raises the aspect of a strong power over the President's. The legal products issued allow authoritarianism, so that it imposes too much urgency and the legislative process is considered a shortcut as a legalisation of the Perppu provisions. Second: the responsive legal concept of the Perppu Cipta Kerja provision raises a greater political realm than the law. Bringing up the concept of delegation in the Indonesian parliament as well as Brazil conceptualised by Pereira Power and Renno, which is still far from meaningful public participation. Third: the Perppu emergency has not been adequate in fiqh al-ḍarūrah. This is marked by the dominance of mafsadah over maṣlaḥah from the presence of Perppu on labour copyright. It is marked by the overriding of the interests of the community by prioritising the interests of the group. In order to strive for good regulations, it is necessary to have limitations in terms of formal and material content, as in Islam and to compare Perppu with other countries for the welfare of society and the progress of the State.

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