Good Governance dalam Undang-Undang No. 28 Tahun 1999 tentang penyelenggaraan negara yang bersih dan bebas dari korupsi, kolusi, dan nepotisme perspektif Maqāṣid Al Sharī’ah Jasir Auda

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Solikhudin, Muhammad (2020) Good Governance dalam Undang-Undang No. 28 Tahun 1999 tentang penyelenggaraan negara yang bersih dan bebas dari korupsi, kolusi, dan nepotisme perspektif Maqāṣid Al Sharī’ah Jasir Auda. PhD thesis, UIN Sunan Ampel Surabaya.

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Abstract

This research analyses the discourse of good governance as sanctioned in the Law No. 28/1999 on clean state organizer from the perspective of Manhaj Maqāṣidī. The discourse on good governance in Indonesian context is always intriguing because not so long ago Indonesia ruled by an authoritarian regime in which corruption was rule of the game. There are two major questions posed in this dissertation; how to the determination of law No. 28/1999 good governance perspective? How to review of Manhaj Maqāṣidī on Good governance in Law No. 28/1999 in Indonesia? This research is a qualitative. It uncover a certain phenomenon by describing true fact using relevant data collection technique and analysis. Main data of this research is good governance principles and concepts as implemented in Indonesia through several regulatory framework, mainly Law No.28/199 on Clean Governance and its corresponding legal regiments. The result of this research are as follow: First, the enactment of this law starts from social and political problems. The emergence of Law No.28/1999 is preceded by the existence of AAUPB. Initially, the existence of AAUPB in Indonesia was not yet legally recognized, so it did not have formal legal force. Together with time political change of indonesia, these principles are contained in Law No.28/1999 about administration of the clean and free government from Corruption, Collusion and Nepotism. This shows a shift in the authoritarian model to participatory governance. Second, the concept of good governance in Law No. 28/1999 concerning the administration of a state that clean and free of corruption, collusion and nepotism in terms of Maqāṣid al-Sharī’ah Jāsir Auda can be found as follows: (1) purposefulness in accordance with accountability, good service (professionalism), (2) wholeness means to associate one text with other naas that are in harmony, (3) interrelated hierarchy means the old Maqāṣid which individual in nature is extended to the public sphere such as community welfare, management of state assets, improving the quality of education and health, (4) cognitive nature means, good governance in accordance with fiqh siyāsah, (5) openness means good governance related to Islamic legal philosophy, (6) multidimensionality means when there are conflicting axioms about good governance, then this is sought for its meeting point, dialogue until it finds the right solution and emergence of essential benefits.

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Item Type:	Thesis (PhD)
Creators:	Creators Email NIM Solikhudin, Muhammad solikhudinmuhammad95@gmail.com F03416059
Contributors:	Contribution Name Email NIDN Thesis advisor HM, Sahid sahidhm@gmail.co.id 2009036804 Thesis advisor Mawardi, Ahmad Imam ai_mawardi@yahoo.co.id 2020087002
Subjects:	Negara
Keywords:	Good Governance; Maqāṣid al-Sharī’ah; and UU No. 28/1999
Depositing User:	Editor : Abdun Nashir------ Information------library.uinsby.ac.id
Date Deposited:	03 Aug 2020 06:35
Last Modified:	04 Aug 2020 02:56
URI:	http://digilib.uinsa.ac.id/id/eprint/42098

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