PROBLEM KONSTITUSIONAL PEMBERHENTIAN KEPALA DESA BERDASARKAN UNDANG-UNDANG NOMOR 03 TAHUN 2024 TENTANG PERUBAHAN KEDUA ATAS UNDANG-UNDANG NOMOR 06 TAHUN 2016 TENTANG DESA PERSPEKTIF SADDUZD ADZ-DZARIAH

Friska Ayu Anggraini, S.H, NIM.: 22203012025 (2024) PROBLEM KONSTITUSIONAL PEMBERHENTIAN KEPALA DESA BERDASARKAN UNDANG-UNDANG NOMOR 03 TAHUN 2024 TENTANG PERUBAHAN KEDUA ATAS UNDANG-UNDANG NOMOR 06 TAHUN 2016 TENTANG DESA PERSPEKTIF SADDUZD ADZ-DZARIAH. Masters thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

The dismissal of the village head before the end of his term of office is a complex issue and often causes debate, especially in the context of the implementation of Law Number 3 of 2024. This study aims to examine the procedures and mechanisms for the dismissal of village heads in accordance with applicable regulations and assess their conformity with the principles of Saddudz Dzari'ah in Islamic law. This study uses a qualitative approach with an analytical descriptive method, involving literature study and analysis of legal documents as well as interviews with various related parties. The results of the study show that the procedure for dismissing the village head involves several important stages, including violation reports, verification by the BPD or regional inspectorate, in-depth investigation, and final decision by the Regent or Mayor. Although the regulations have clearly regulated these procedures, their implementation still faces various challenges, especially related to transparency and accountability. In addition, personal and group interests often interfere with the objectivity of this process. In Saddudz Dzari'ah's perspective, the dismissal of the village head must be carried out with the aim of preventing greater damage and protecting the benefit of the community. This principle emphasizes that any action that has the potential to have a negative impact must be prevented from the beginning. Therefore, the decision to terminate must be based on good intentions and correct intentions, and be free from irrelevant personal or group motives. Based on these findings, the study suggests improving regulations to ensure more detailed and strict procedures, education and training for village officials on the law and principles of Saddudz Dzari'ah, as well as the establishment of an independent supervisory body to monitor the dismissal process. In addition, active community participation in the supervision of the performance of village heads must be increased and periodic evaluations of the implementation of regulations are needed to improve the quality of village governance. With these steps, it is hoped that the process of dismissing village heads can run more fairly and effectively, as well as have a positive impact on the village community.

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