KETIDAKSESUAIAN ASAS PEMBENTUKAN PERATURAN PERUNDANG-UNDANGAN DALAM PERDA BANGKALAN TENTANG KOTA DZIKIR DAN SHOLAWAT SERTA IMPLEMENTASINYA TERHADAP ORGANISASI KEISLAMAN
Fitria Ningsih, Dr. Mahaarum Kusuma Pertiwi. S. H., M. A., M. Phil., Ph.D
2024 | Tesis | S2 Magister Hukum
This research discusses the formation of Regional Regulation Number 2 of 2019 concerning Bangkalan City of Dhikr and Sholawat which has the potential for discrepancies both formally and materially in its formation. Apart from that, it also has the potential to become a non-pluralist legal product. There are two aims of this research. First, analyze the suitability of the principles for the formation of statutory regulations in Regional Regulations (Perda); second, analyze the application of regional regulations to Islamic mass organizations in Bangkalan. This research uses a normative-empirical approach. Through a normative approach, this research analyzes the legal aspects contained in the Regional Regulation, while an empirical approach is used to see how the Regional Regulation is implemented in people's lives. Data collection techniques in this research were carried out using literature studies and gathering information in the field. The data that has been collected is then analyzed qualitatively using data obtained in the field, in order to analyze the legal problems raised so that the right solution is obtained. The results of the research in this thesis are, first, Regional Regulation Number 2 of 2019 is considered not in line with the formal and material principles in accordance with Law Number 12 of 2011. Second, Regional Regulation Number 2 of 2019 does not solve social problems in society, but is rather utilized by the political elite as a diversion tactic from corruption cases in the Bangkalan Regency.
Kata Kunci : Perda, Peraturan Perundang-Undangan, Hak Asasi Manusia, Pluralisme Hukum