Pemilihan Kepala Daerah oleh DPRD dalam Perspektif Syura: Analisis Normatif terhadap Prinsip Representativitas dalam Demokrasi Indonesia

Abstract

The concept of power in Fiqh Dusturiyah has become increasingly relevant in contemporary discussions on the relationship between Islamic political thought and modern constitutional governance. This study aims to analyze the concept of power in Fiqh Dusturiyah and examine its relevance to the Indonesian constitutional system. Employing a normative legal research method with conceptual and library research approaches, this study utilizes classical Islamic political literature, constitutional law references, and relevant scholarly works as primary and secondary sources. The findings reveal that power in Fiqh Dusturiyah is regarded as a trust (amanah) that must be exercised in accordance with the principles of justice (al-'adalah), consultation (shura), and public welfare (maslahah). Furthermore, Fiqh Dusturiyah recognizes the division of governmental authority into legislative (al-sultah al-tashri'iyyah), executive (al-sultah al-tanfidhiyyah), and judicial (al-sultah al-qada'iyyah) functions, which serve to prevent the concentration of power and ensure governmental accountability. The study also demonstrates that these principles have substantial relevance to the Indonesian constitutional system, particularly in relation to the rule of law, democratic governance, popular sovereignty, and the implementation of checks and balances. The novelty of this research lies in its analysis of the concept of power in Fiqh Dusturiyah through the perspective of Indonesia’s constitutional framework. The study concludes that the values embedded in Fiqh Dusturiyah can serve as an ethical foundation for strengthening democratic, accountable, and justice-oriented governance in Indonesia.