INTERVENSI PEMERINTAH TERHADAP EKSISTENSI PESANTREN PERSPEKTIF MASLAHAH MURSALAH (STUDI KASUS UNDANG-UNDANG NOMOR 18 TAHUN 2019 TENTANG PESANTREN)

Ahmad Fathoni Latif Arafat, NIM.: 20103070091 (2024) INTERVENSI PEMERINTAH TERHADAP EKSISTENSI PESANTREN PERSPEKTIF MASLAHAH MURSALAH (STUDI KASUS UNDANG-UNDANG NOMOR 18 TAHUN 2019 TENTANG PESANTREN). Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

Islamic boarding schools as the forerunners of original Indonesian educational institutions only received judicial recognition in 2003 through the National Education System Law. The National Education System Law is not yet detailed and is not able to fully regulate educational institutions, so the government created another Draft Law (RUU) regarding Islamic boarding schools and religious education. Law no. 18 of 2019 concerning Islamic Boarding Schools can be a shield that can protect the existence of Islamic boarding school culture, but this law can also be a weapon for the government to intervene in Islamic boarding schools. Meanwhile, Islamic boarding schools themselves are independent institutions that are not directly bound by government regulations. Islamic boarding schools are also local geniuses, which means that Islamic boarding schools can be regulated arbitrarily by the State through its policies, this is because Islamic boarding schools have characteristics that come from religious and cultural acculturation over the centuries. This research uses a normative juridical type of research and the research approach is a statutory approach, namely by examining Law Number 18 of 2019 concerning Islamic Boarding Schools. Apart from that, this research also uses a conceptual approach which refers to the concept of Islamic boarding schools as local geniuses of the archipelago whose existence in educational development has been proven since before/after the founding of the Unitary State of the Republic of Indonesia. Meanwhile, the theoretical framework used is the theory of government authority, the theory of local genius pesantren and the theory of maslahah mursalah. The Law on Islamic Boarding Schools and Religious Education is ideal for playing a role in maintaining Islamic boarding schools as local educational geniuses in Indonesia. However, note that this law does not change the character of Islamic boarding school education. The Islamic Boarding School Law is able to provide positive interventions for Islamic boarding schools if it aims to direct and guide Islamic boarding schools in terms of management, management, development and so on. However, this intervention will be negative if it turns the many and diverse Islamic boarding schools in Indonesia into uniform Islamic boarding schools because they have to follow government policy. Islamic boarding schools should still have autonomy to maintain their diversity and to prevent their accountability from being changed from a community perspective to a government institution.

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