PERPANJANGAN MASA JABATAN KEPALA DESA DALAM UNDANG-UNDANG NOMOR 3 TAHUN 2024 TENTANG PERUBAHAN KEDUA ATAS UNDANG-UNDANG NOMOR 6 TAHUN 2014 TENTANG DESA PERSPEKTIF AL-MASLAHAH

Arma Agusti, S.H., NIM.: 21203012065 (2024) PERPANJANGAN MASA JABATAN KEPALA DESA DALAM UNDANG-UNDANG NOMOR 3 TAHUN 2024 TENTANG PERUBAHAN KEDUA ATAS UNDANG-UNDANG NOMOR 6 TAHUN 2014 TENTANG DESA PERSPEKTIF AL-MASLAHAH. Masters thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

Limiting the term of public office in Indonesia is a manifestation of the rule of law. This provision is regulated in Law Number 6 of 2014 concerning Villages, which was then made a second amendment to Law Number 6 of 2014 to become Law Number 3 of 2024, following a demonstration by the Association of Village Governments of Indonesia (APDESI) at the DPR RI demanding an extension of the head's term of office. villages, which initially took 6 years and 3 (three) terms, became 9 years and 3 (three) terms, on the grounds that there was not enough time to build the village and this could potentially lead to post-pilkades conflict. However, the DPR RI rejected this proposal and promulgated the term of office for village heads to be 8 years and 2 (two) terms. This is very problematic and important to study when faced with the principle of limiting power in constitutionalism and violating the concept al-maslahah al-Ghazali. This type of research is library research, with a normative juridical approach that uses the theory of constitutionalism and al-maslahah, is descriptive-analytic in nature by collecting data then describing, clarifying and analyzing deductively. The results of the research can be concluded that the concept of Islamic thought al-maslahah stated by al-Ghazali that, the principle of limiting power contained in Law no. 3 of 2024 concerning the Second Amendment to Law no. 6 of 2014 is not in accordance with the understanding of constitutionalism for the reasons: First, UU no. 3 of 2024 regulates that village heads hold office for 8 years at a time, which could potentially increase corruption cases in the village. Second, that 8 years is quite a long time in one term of office, and the longer the term of office, the more the performance of the village head will decline. Third, is not in accordance with the principles of a democratic state that prioritizes the rotation of power. While in concept al-maslahah stated by al-Ghazali that the laws that are being amended tend to contain more harm than good. If the term of office of the village head is changed to 8 years and 2 terms, then this could result in abuse of power and increase the possibility of the village head committing criminal acts of corruption and in fact this will cause harm.

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