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Granting Of Civil Use Rights In the IKN In Presidential Regulation Number 75 Of 2024 Is Reviewed Through the Dusturiyah Siyasah zawil zawil; Chairul Fahmi; T. Surya Reza
Journal of Innovative and Creativity Vol. 5 No. 2 (2025)
Publisher : Fakultas Ilmu Pendidikan Universitas Pahlawan Tuanku Tambusai

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31004/joecy.v5i2.855

Abstract

The Capital City of the Archipelago is a major project of the government to move the capital city of Indonesia with the aim of making it a sustainable city in the world, as a driver of the Indonesian economy and a symbol of national identity and a form of Indonesian diversity, many new regulations have been formed by the government to accommodate the implementation of IKN development, one of which is Presidential Regulation Number 75 of 2024 concerning the Acceleration of the Development of the Capital City of the Archipelago which in one of its material contents there is a regulation on the period of control of Cultivation Rights (HGU) which is relatively very long compared to the arrangements in other laws and regulations. This research was conducted to determine the validity of the HGU period in Presidential Regulation Number 75 of 2024 based on Indonesian regulatory law and the perspective of siyasah dusturiyah. The research method is qualitative with analysis of problems by literature study from primary and secondary data sources in the form of reading materials. The results of the research obtained state that based on the relationship of super and sub-ordination and special law (specialis), the HGU time in IKN contained in Presidential Decree No. 75 of 2024 does not conflict with the HGU contained in other laws and regulations. siayasah dusturiyah review in the context of legislation provides flexibility for the state in shaping the law provided that it aims to benefit and is in line with sharia
Penundaan Pemilihan Keuchik Langsung Dalam Surat Edaran Sekretaris Daerah Aceh No 400. 10/4007 Tahun 2025 Dalam Perspektif Siyasah Dusturiyah : Postponement of Direct Keuchik Elections in the Circular Letter of the Aceh Regional Secretary No. 400.10/4007 of 2025 From the Perspective of Siyasah Dusturiyah Nauval Nauval; Sitti Mawar; T. Surya Reza
Journal of Indonesian Comparative of Syari'ah Law Vol. 9 No. 1 (2026): Journal of Indonesian Comparative of Syari'ah Law (JICL): Jurnal Perbandingan H
Publisher : Journal of Indonesian Comparative of Syari'ah Law

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21111/jicl.v9i1.12

Abstract

This research addresses the legal standing of the Aceh Regional Secretary Circular Letter Number 400.10/4007 of 2025 as the basis for postponing the Direct Village Head Election (Pilchiksung) and its implications for the legitimacy of governmental authority and the protection of the political rights of gampong communities, while also examining its conformity with the principles of justice, trustworthiness, and public welfare within Islamic constitutional law. This normative legal study employs statutory, conceptual, and comparative approaches through an analysis of laws and regulations, state administrative law doctrines, and fiqh siyāsah literature to analyze, first, the legal implications of postponing Pilchiksung in Aceh through the aforementioned circular letter and, second, to assess the policy from the perspective of siyāsah dustūriyyah. The findings show that a circular letter is not part of the hierarchy of legislation with general binding force; therefore, postponing Pilchiksung based on such an instrument constitutes a defect of authority (bevoegdheidsgebrek), contradicts the principles of legality and legal certainty, and potentially violates the democratic political rights of gampong communities. From the perspective of siyāsah dustūriyyah, the postponement policy is inconsistent with the principles of al-‘adālah (justice), al-amānah (trustworthiness), and al-maṣlaḥah al-‘āmmah (public interest), as it delays the people’s rights without a valid legal basis and clear considerations of public welfare. Consequently, this study concludes that postponing Pilchiksung through a circular letter lacks both legal and moral legitimacy and therefore must be corrected through the establishment of a lawful, just, and democratically aligned legal instrument consistent with the values of Islamic constitutionalism.