al-Ihkam: Jurnal Hukum dan Pranata Sosial, 18 .
, 2023: 200-221
ISSN: 1907-591X.
E-ISSN: 2442-3084
DOI: http://doi.
org/10.
19105/al-lhkam.
The Communal Democracy of Yogyakarta Special RegionAos Government on the Islamic Law Eclecticism Perspective Hariyanto Universitas Jenderal Soedirman.
Purwokerto.
Indonesia email: hariyanto@uinsaizu.
Hanif Fudin Mahkamah Agung Republik Indonesia e-mail: haniffudin@mahkamahagung.
Muhammad Fauzan Universitas Jenderal Soedirman.
Purwokerto.
Indonesia email: fauzanhtn@yahoo.
Kadar Pamuji Universitas Jenderal Soedirman.
Purwokerto.
Indonesia email: kadar.
pamuji@unsoesd.
Tedi Sudrajat Universitas Jenderal Soedirman.
Purwokerto.
Indonesia email: tedi.
sudrajat@unsoed.
Article history: Received: November 28, 2023.
Accepted: January 27, 2023.
Published: June 30, 2023 Abstract:
Law Number 13 of the Year 2012 on Yogyakarta Special RegionAos privileges containing a legal affirmative democracy system leads to the weakening of democracy and has implications for non-substantive democracy.
It furthermore reflects the normative ambiguity of the democratic system which legitimizes YogyakartaAos privileged affairs.
Therefore, this research aims to analyze YogyakartaAos privileged affairs based on Islamic Law Eclecticism by reconstructing the Author correspondence email: hariyanto@uinsaizu.
Available online at: http://ejournal.
id/index.
php/alihkam/ Copyright .
2023 by Al-Ihkam.
Jurnal Hukum dan Pranata Sosial The Communal Democracy of Yogyakarta Special RegionAos democratic system in Law Number 13.
Using the normativedoctrinal method accompanied by statutory and conceptual approaches, this research used the content analysis method and legal descriptive techniques.
This research shows that the democratic system of DIY is crystallized and simultaneously presented in the form of the Trilogy of Yogyakarta Democratic Principles.
Those consist of ngencengke oyot, ngencengke pang, and njagani godhong lan kembang.
Based on this, the reconstruction of the democratic system of YogyakartaAos privilege affairs leads to communal democracy as a form of revitalizing its privilege affairs.
Besides, that trilogy, based on Islamic Law Eclecticisms, refers to the interconnection of maqyid al-syarAoah cum-rechtsidee and al-Aourf.
The reconstruction of the democratic system in Law Number 13 potentially revitalizes YogyakartaAos privileged affairs by making local wisdom its core value.
Keywords:
YogyakartaAos Privilege Affairs.
Local Government.
Eclecticism of Islamic Law Introduction Indonesia is a democratic state of law.
1 As a result, it has ramifications for running a democratic state even though all of its operations are still governed by the law.
2 Yogyakarta Special Region (DIY) is not the exception, although it is based on the special principle of democracy, namely decentralization by Law Number 13 in the Year 2012 concerning the Privileges of Yogyakarta Special Region.
DIY
Government was entrusted with the authority of the special affairs of Yogyakarta in an attributive manner.
The mandate of the Privileges, as stated in Article 7, paragraph 2.
Law Number 13 in the Year 2012, includes: .
Procedures for filling the positions, duties, and authorities of the Governor and Deputy Governor.
Local Government Agencies.
Culture affair.
Land affair.
1945Ay.
1 Article 1 of the AuUndang-Undang Dasar Negara Republik Indonesia Tahun 2 Hariyanto.
AuImplications of State Policy Through Village Funds Towards the Cultural Values of Mutual Cooperation in the Village,Ay DE LEGA LATA: Jurnal Ilmu Hukum (January 46Ae64, https://doi.
org/10.
30596/DELEGALATA.
V7I1.
al-Ihkam: Jurnal Hukum dan Pranata Sosial, 18 .
, 2023: 200-221 Hariyanto, et al.
Spatial Planning affair.
At the provincial government level, this issue represents a type of modification, adjustment, and assertion of The justification serves as a legal justification for the legitimacy of Yogyakarta's privileged affairs.
However, the implementation of Law Number 13 still generates some problems, particularly the attribution of the Law to Sri Sultan Hamengku Buwana and Kanjeng Adipati Paku Alam, both of whom are regional heads of the Yogyakarta Special Region.
This political centering leads to the soft democracy4 because when both cannot run the mandate well, it will affect some aspects of DIY.
As a consequence, it affects the existence of soft democracy5 and obscurity in solving the multidimensional problem of YogyakartaAos privileged Additionally, this attribution generates a domino effect on other YogyakartaAos privileged affairs such as.
DIY government does not implement the principles of accountability, transparency, and participation,6 .
The worsened intolerance which does not reflect adi-luhung .
oble-value.
culture,7 .
The fact of land affairs showing disorientation in the management and use of land, thus creating a significant polemic,8 and .
There remains a decline or 3 Article 4 jo.
Article 5 Law Number 13 the Year 2012 concerning the Privileges of the Special Region of Yogyakarta.
4 Paryanto.
AuDinamika Politik Keistimewaan di Daerah Istimewa Yogyakarta Pasca Undang-Undang Nomor 13 Tahun 2012Ay (Magister Thesis.
Universitas Muhammadiyah Yogyakarta, 2.
5 Paul Spicker.
AuGovernment for the People: The Substantive Elements of Democracy,Ay International Journal of Social Welfare 17, no.
3 (July 2.
: 251Ae59, https://doi.
org/10.
1111/J.
6 Muh.
Syaifullah.
AuWarga Kulon Progo Gugat Izin Penetapan Lokasi Bandara,Ay accessed May 6, 2022.
https://nasional.
co/read/665358/warga-kulonprogo-gugat-izin-penetapan-lokasibandara/full&view=ok.
7 Kidung Asmara Sigit.
Halili Hasan, and Ismail Hasani.
AuPandemi Lahan Subur Diskriminasi dan Intoleransi,Ay accessed May 6, 2022 https://setarainstitute.
org/pandemi-lahan-subur-diskriminasi-dan-intoleransi/.
Markus Yuwana.
AuKepemilikan Tanah di Yogyakarta Dan Permasalahannya,Ay May https://regional.
com/read/2018/02/28/13424071/kepemilikan-tanah-di-yogyakartadanpermasalahannya?page=all.
al-Ihkam: Jurnal Hukum dan Pranata Sosial, 18 .
, 2023: 200-221 The Communal Democracy of Yogyakarta Special RegionAos stagnant in the quality of spatial planning and unsustainable Besides, the implementation of Law number 13 also leads to legal norm problems, which is normative ambiguity .
eschidj van norme.
over YogyakartaAos privileged affairs.
The Law which adheres to a democratic system10 can potentially reduce the interests of democracy in Yogyakarta.
Normative ambiguity of the democratic system is mainly caused by general interpretation implying the abuse of power by the local government of DIY.
11 This, furthermore, can lead to chaos in the concept of democracy, ignore human rights, and cause moral degradation12 in the implementation of YogyakartaAos privilege affairs.
In coping with the problem, it is worth looking for other relevant perspectives or concepts.
One of which is the Islamic Law Eclecticism consisting of interconnection between maqyid al-syarAoah .
ain purposes of shari.
and al-Aourf .
Islamic Law Eclecticism emphasizes a contextual approach to explore the intents and purposes of Islamic Law.
13 Maqashid al-Sharia, as the main orientation, is the fundamental principle and methodology of Islamic This is an interaction between na and reality that consistently contains divine values and moral concepts of Islamic law such as justice, human dignity, freedom of will, wisdom, and cooperation in Gusti Grehenson.
AuKota Yogyakarta Darurat Tata Ruang,Ay https://w.
id/id/berita/13377-kotayogyakarta-darurat-tata-ruang, accessed May 6, 10 Paryanto.
AuDinamika Politik Keistimewaan di Daerah Istimewa Yogyakarta Pasca Undang-Undang Nomor 13 Tahun 2012.
Ay 11 CNN Indonesia.
AuLarangan Sultan Jogja Soal Demo Di Malioboro Berbuntut Kasus,Ay accessed May 6, 2022, https://w.
com/nasional/2021102211221920-710881/larangan-sultan-jogja-soal-demo-di-malioboro-berbuntut-kasus.
12 Syahrul Sidiq.
AuMaqasid Syari'ah & Tantangan Modernitas: Sebuah Telaah Pemikiran Jasser Auda,Ay in RIGHT: Jurnal Agama dan Hak Azazi Manusia 7, no.
(December 2.
, https://doi.
org/10.
14421/INRIGHT.
V7I1.
13 A.
Qodri Azizy.
Hukum Nasional: Eklektisisme Hukum Islam dan Hukum Umum (Jakarta: Teraju, 2.
, 292.
al-Ihkam: Jurnal Hukum dan Pranata Sosial, 18 .
, 2023: 200-221 Hariyanto, et al.
14 Meanwhile, the extension of al-Aourf plays as a method of legal discovery.
Given the existence of factual phenomena relating to the democracy of Yogyakarta Privileges Affairs, the special democracy in Law Number 13 can be likely seen through the framework of interconnectivity between maqyid al-syarAoah and al-Aourf.
This aims to substantively steer it towards a paradigm of democracy a la Yogyakarta.
This also makes sense because the concept of fiqh siyysah, which is an understanding of the practice of managing and regulating public and state affairs by those in power that results in the benefit of people, has some relevance to Islamic legal eclecticism and its relationship to democracy in the government of the Yogyakarta Special Region.
16 Thus.
Law Number 13 is put as a reflection of the concept of fiqh siyysah in the context of Yogyakarta-style democracy that needs to be strengthened by maqyid al-syarAoah and al-Aourf.
Consequently, this research wants to discuss it based on Islamic Law Eclecticism that intersects with the context of modern There were several similar studies that have been conducted before, especially on the Government of Yogyakarta Special Region.
One of them was done by Paryanto.
17 He stated that the political dynamics of the privileges of DIY are based on the succession of the Governor and Deputy Governor.
Meanwhile, other regional autonomy authorities act as imperative strategic factors.
Different from Paryanto.
MasAoudi18 said that the Yogyakarta Sultanate system is 14 Jasser Auda.
Maqasid Al-Shariah as Philosophy of Islamic Law: A System Approach (London: The International Institute of Islamic Thought, 2.
, 1.
15 Mahfudz Junaedi.
AuEpistemologi Fikih Indonesia:
Nalar Pemikiran Hazairin,Ay Syariati: Jurnal Studi Al-QurAoan dan Hukum 7, no.
2 (December 2.
: 160, https://doi.
org/10.
32699/SYARIATI.
V7I2.
16 Ahmad Sukardja.
Hukum Tata Negara dan Hukum Administrasi Negara dalam Perspektif Fikih Siyasah (Jakarta: Sinar Grafika, 2.
, 67.
Refer to Wahyu Abdul Jafar.
AuFiqh Siyasah dalam Perspektif Al-QurAoan dan Al-Hadist,Ay AL IMARAH : Jurnal Pemerintahan Politik Islam (July 18Ae28, https://doi.
org/10.
29300/IMR.
V3I1.
17 Paryanto.
AuDinamika Politik Keistimewaan di Daerah Istimewa Yogyakarta Pasca Undang-Undang Nomor 13 Tahun 2012.
Ay 18 MasAoudi MasAoudi.
AuKedudukan Kesultanan Daerah Istimewa Yogyakarta Dalam Sistem Negara Republik IndonesiaAy (Magister Thesis.
Universitas Islam Negeri Sunan Ampel Surabaya, 2.
al-Ihkam: Jurnal Hukum dan Pranata Sosial, 18 .
, 2023: 200-221 The Communal Democracy of Yogyakarta Special RegionAos constitutional while governance problems are resolved through a deliberative approach.
Meanwhile, according to Retno Setyowati,19 Keraton .
he palac.
is a political entity and a form of cultural institution that supports the privileges of Yogyakarta.
She added that this was crystallized as a conceptual reflection and theory of structuration, power, and conflict on the dynamics of the palace.
Compared to those researches with different scientific substances, this current research is quite different, especially in the form of the substance on the democratization of regional government.
Those researchers are only concern with the basic principles of DIY government theoretically and conceptually while this research discusses the eclecticism of Islamic Law in the framework of Indonesian law system.
Therefore, researchers want to describe the regulation of YogyakartaAos privilege affairs in the context of the democratic regional autonomy of the Republic of Indonesia and then analyze it from the Islamic law eclecticism perspective as a basis for solving soft democracy problems in Yogyakarta.
Method This research is a conceptional-normative study of law20 based on the legal norms of the 1945 Constitution of the Republic of Indonesia and Law Number 13 in the Year 2012.
It is also based on the legal doctrine as the ratio decidendi .
he reason for the decisio.
of the democratic system over YogyakartaAos privilege affairs in the sociolegal spectrum.
21 This legal research is furthermore a part of an integrative jurisprudence study.
between analytical jurisprudence .
ased on the legal norms of Law Number 13 in the Year 2.
and sociological jurisprudence .
ased on the implications of Law Number 13 in the Year 2012 in Yogyakarta privileged affair.
19 Retno Setyowati.
AuDinamika Keraton Ngayogyakarta Hadiningrat Dalam Bingkai Keistimewaan Daerah Istimewa YogyakartaAy (Doctoral dissertation.
Universitas Kristen Satya Wacana, 2.
20 Soetandyo Wignjosoebroto.
Hukum: Konsep dan Metode (Malang: Setara Press, 2.
, 67.
21 Sulistyowati Irianto.
AuMemperkenalkan Studi Sosiolegal dan Implikasi Metodologisnya,Ay in Adriaan W.
Bedner, et.
Kajian Sosio-Legal (Jakarta: Pustaka Larasan, 2.
, 4Ae5.
22 I Made Pasek Diantha.
Metodologi Penelitian Hukum Normatif dalam Justifikasi Teori Hukum (Jakarta: Prenada Media Group, 2.
, 40Ae41.
al-Ihkam: Jurnal Hukum dan Pranata Sosial, 18 .
, 2023: 200-221 Hariyanto, et al.
A legal approach is employed examining legal norms related to the democratic system of Yogyakarta's privilege affairs while the conceptual approach is used to construct legal arguments for solving research problems.
23 Analytical methods such as content analysis were used to analyze legal discourse on the norms of the Indonesian Constitution, and Law Number 13 in the Year 2012.
24 Legal descriptive techniques, on the other hand, lead to explaining the democracy of the Yogyakarta Special Region.
Result and Discussion The Democratization in the Government of the Special Region of Yogyakarta Decentralization26 is the formation of autonomous regions with certain powers and fields of activity carried out based on their considerations, initiatives, and administration.
27 In the context of regional autonomy.
Indonesia adheres to special autonomy which refers to historical, socio-cultural, and legal values.
28 The concept of regional autonomy in question has a constitutional reason.
It refers to the grammatical meaning of Article 18 paragraph .
of the UUD 1945.
The use of the phrase AodividedAo, in that Article, does not mean Aoconsisting ofAo which leads to strengthening the regional autonomy concept based on a unitary state of the Republic of Indonesia.
Meaning Aoconsists ofAo implied that Indonesia is a pure federal form of Peter Mahmud Marzuki.
Penelitian Hukum Edisi Revisi, (Jakarta:
Prenadamedia Group, 2.
, 13.
24 Valerine J.
Kriekhoff.
AuAnalisis Konten dalam Penelitian Hukum: Suatu Telaah Awal,Ay Era Hukum: Jurnal Ilmiah Hukum 2, no.
: 93Ae94, https://doi.
org/10.
24912/era hukum.
25 Diantha.
Metodologi Penelitian Hukum Normatif dalam Justifikasi Teori Hukum, 26 Hariyanto Hariyanto.
AuHubungan Kewenangan antara Pemerintah Pusat dan Pemerintah Daerah Berdasarkan Negara Kesatuan Republik Indonesia,Ay Volksgeist: Jurnal Ilmu Hukum Dan Konstitusi 3, no.
2 (December 29, 2.
: 99Ae115, https://doi.
org/10.
24090/volksgeist.
27 Irwan Noor.
AuDeontologi Pemerintahan Daerah di Indonesia (Oase Akuntabilitas Politik Dalam Perspektif Partisipasi Politi.
,Ay Politika: Jurnal Ilmu Politik 1, no.
2 (May 13, 2.
: 19Ae31, https://doi.
org/10.
14710/POLITIKA.
28 Titik Triwulan Tutik.
AuAnalisis Hukum Tata Negara Sistem Penetapan Gubernur Kepala Daerah Istimewa Yogyakarta dalam Sistem Pemilihan Kepala Daerah Berdasarkan Pasal 18 Ayat .
UUD 1945,Ay Jurnal Hukum dan Pembangunan 41, 2 .
: 71, http://dx.
org/10.
21143/jhp.
al-Ihkam: Jurnal Hukum dan Pranata Sosial, 18 .
, 2023: 200-221 The Communal Democracy of Yogyakarta Special RegionAos Therefore, article a quo is strengthened by its interpretive legal Article a quo, including Article 18A and Article 18B of the UUD 1945, requires local government to have the authority to administer their government based on the principles of decentralization and medebewind .
ssistance tas.
In the Yogyakarta Special Region, the development of its government shifted from traditional-feudal to modern structural.
At the beginning of the government.
Yogyakarta was under the leadership of Sri Sultan Hamengku Buwana as the Governor and Kanjeng Adipati Paku Alam as the Deputy Governor.
29 DIY is considered a constitutional-democratic region which shows a legal affirmative of Law Number 13 in the Year 2012.
30 However, it generates another problematic issue such as the existence of soft democracy because of normative ambiguity.
Law number 13 in the Year 2012 actually does not reflect the paradigm of divine law and the lack of the paradigm of sociocultural law.
However, it strengthens the paradigm of normative-positivism of law.
Therefore, it affects the democratic norm in the nir-construction of a substantive democracy.
DIY, then, implements the concept of communal democracy based on local communities and Pancasila.
The foundation of democracy in DIY is crystallized by the local democratization trilogy which contains the principle of ngencengke oyot .
nderstood as strengthening the root.
, ngencengke pang .
nalogically understood as strengthening the branche.
, and njagani godhong lan kembang .
nderstood as saving the leaves and flower.
Ngencengke oyot still exists to strengthen the democratic roots of the Keraton (Yogyakarta Kingdo.
in a participatory, competitive, and autonomous manner among YogyakartaAos people.
The second principle, ngencengke pang, strengthens the democracy through the 29 Article 7 Paragraph 2.
Law Number 13 the Year 2012.
30 R.
Mac Iver.
The Web of Government (New York: The Macmillan, 1.
, 31 In contrast.
Article 7 Paragraph 3 Law Number 13 the Year 2012 mandated that YogyakartaAos Privilege Affairs be held by local wisdom based and partiality to the people.
32 Christine Susanna Tjhin.
AuWeaving Democratization on Local Level & Regional Level: Building Indonesia.
Building ASEAN,Ay Politics and Social Change Working Paper Series, 2005, 11.
33 Bastian Widyatama.
Demokrasi Sebagai Siasat: Menafsikan Tapak Politik Demokrasi Sultan Hamengku Buwono IX (Yogyakarta: Penerbit PolGov, 2.
, 44Ae45.
al-Ihkam: Jurnal Hukum dan Pranata Sosial, 18 .
, 2023: 200-221 Hariyanto, et al.
cooperative movement, democratizing elections in districts/cities, and opening up public spaces as aspirations of citizens.
Meanwhile, the last principle, njagani godhong lan kembang34 maintains a broad democratic image accompanied by political ethics, the basis of nationalism-multiculturalism, constitutional supremacy.
The involvement of local communities and Pancasila35 with the theological-philosophical-based inspires cultural communalism and divinity in DIY political situations.
The communalism in DIY contains a democratic-nomocratic interrelation as mono-dualism paradigm constitutionalism based.
36 It takes constitutional democracy as a meeting point between the rule of law and people's sovereignty.
As a primary system of government, it implies that the law is the fundamental aspect of the administration of the state.
37 The system that shapes the DIY governmental system can be illustrated in the Figure 1 Figure 1.
Synchronic Democratic Movement Concept 34 Widyatama.
Demokrasi Sebagai Siasat: Menafsikan Tapak Politik Demokrasi Sultan Hamengku Buwono IX, 59-60.
35 Akhmadul Faruq.
AuAl-Pancasila Fi Al-Mandzyri Al-Maqyshidy Al-SyarAoy:
Dirysah Tahlyliyah,Ay Al-Ihkam: Jurnal Hukum dan Pranata Sosial, 2021, 223, https://doi.
org/10.
19105/AL-LHKAM.
V16I1.
36 John Ferejohn, et.
Constitutional Culture and Democratic Rule (Cambridge:
Cambridge University Press.
, 2.
, 9.
37 Spicker.
AuGovernment for the People: The Substantive Elements of Democracy.
Ay 251.
al-Ihkam: Jurnal Hukum dan Pranata Sosial, 18 .
, 2023: 200-221 The Communal Democracy of Yogyakarta Special RegionAos Based on Figure 1, it can be seen that there are five substances in IndonesiaAos democratic system.
Those interact with each other by using the centripetal movement then shaped Pancasila-based democracy which beforehand formed representative and constitutional democracy.
This synchronic movement also works in different paths, namely from the center to five substances that formed centrifuge movement.
Besides, regarding the universality of constitutional democracy.
Indonesia adheres to a democratic political system manifested as a system of government spreading across every province, district/city, and village.
The embodiment of democracy refers to the meaning of democracy as peopleAos participation in making political decisions and running the government to create a democratic state life.
38 Local democracy contains the urgency in implementing regional government democratically based on the 39 Therefore, the Government mandated Law Number 13 of the Year 2012 concerning The Privilege of the Yogyakarta Special Region.
Furthermore, article 7 paragraph 2 states that there are five components handled by the local government.
Those relate to the governor's positions, duties, and authorities, the local government Agencies, culture, the spatial and land regulation.
Yogyakarta's privilege affairs recognize the origin of rights .
he existing right and developed in human lif.
, populism, democracy.
Bhinneka Tunggal Ika .
nity in diversit.
, the effectiveness of the government system, national interests, and the use of local wisdom.
This is a form of change, adjustment, and affirmation at the provincial level in realizing a democratic government, creating prosperity and peace, ensuring Bhinneka Tunggal Ika, and institutionalizing the role of the Sultanate and Duchy in preserving the nation's cultural heritage.
Other than that, the essence of democracy in Law Number 13 contains the accommodation of Pancasila values as a moderate weltanschauung legalized in the UUD 1945.
40 The primary principle of 38 Sahya Anggara.
Sistem Politik Indonesia (Bandung: Penerbit Pustaka Setia, 2.
, 290.
39 Tjhin.
AuWeaving Democratization on Local Level & Regional Level: Building Indonesia.
Building ASEAN.
Ay 40 Pancasila is a moral law in the form of a grundnorm .
egitimation in making a la.
that comes from an objectified will.
Adji Samekto.
Pergeseran Pemikiran Hukum dari Era Yunani Menuju Postmodernisme (Jakarta: Konstitusi Press, 2.
, 81.
al-Ihkam: Jurnal Hukum dan Pranata Sosial, 18 .
, 2023: 200-221 Hariyanto, et al.
the constitution is embodied in how the law is articulated within the framework of democracy's functions.
41 YogyakartaAos privilege affairs contain awareness of equality as the central pillar that includes freedom and justice based on human values as a social democratic 42 This political message contains the necessity to produce quality leaders based on the constitution and the nationAos ideology that directs justice and prosperity through an electoral system based on constitutional democratization.
43 Therefore.
Sri Sultan Hamengku Buwana and Kanjeng Adipati Paku Alam serve as central figures in the constitutional-democratic of YogyakartaAos privileged affairs.
The constitutionality of Yogyakarta's privileged affairs can be analyzed from several conceptual aspects.
First, the normative-constitutional review shows that Article 18B paragraph .
and paragraph .
of the UUD 1945 Aiusing a hermeneutic-systematic approachAi is legal standing and a staatsgrundgesetz .
he body of the 1945 Constitutio.
It puts Law Number 13 as a formal gesetz .
in the formal legality for implementing the Yogyakarta Special RegionAos privileges.
Its democratic system within the legal articulation framework is strengthened by the doctrine of the clause rebus sic stantibus Aias the content of democracy in Article 1 paragraph 2 of the UUD 1945 and Article 4 letter c of Law Number 13 of the Year 2012Aiif the conditions regulated are relevant to the requirements of the clause in question.
Second, a theoretical-discourse study states that the constitutional democracy system of Yogyakarta Special RegionAos government is the antithesis of the monarchy issue within the local The public issue is considered as an argumentum ad hominem .
egative assumptio.
because debating democracy and monarchy in this modern era is a fatalistic of thinking based solely on 41 Talcott Parsons.
The Structure of Social Action: A Study in Social Theory with Special Reference to a Group of Recent European Writers (London: Collier-Macmillan, 1.
, 763Ae64.
42 CB.
Mulyatno.
AuDemokrasi Sosial Menurut Herbert Marcuse,Ay Arete 2, no.
: 97Ae120.
43 Aziz Huq and Tom Ginsburg.
AuHow to Lose a Constitutional Democracy,Ay UCLA Law Review (January 78Ae169, https://doi.
org/10.
2139/SSRN.
44 Budiono Kusumohamidjojo.
Teori Hukum: Dilema Antara Hukum dan Kekuasaan (Bandung: Yrama Widya, 2.
, 203.
al-Ihkam: Jurnal Hukum dan Pranata Sosial, 18 .
, 2023: 200-221 The Communal Democracy of Yogyakarta Special RegionAos the classical concept of a government form.
Actually, this is not Aoapple to appleAo, because it should be in the conflict context between the monarchy and the republic as a government form in the state concept.
The embodiment of the democratic system in YogyakartaAos privilege affairs as stated in Article 7 paragraph .
Paragraph .
Law Number 13 in the Year 2012, is based on how the governor and deputy governor implement the representative democracy.
Therefore, the context of democratization of Yogyakarta Special RegionAos Government within the framework of special .
autonomy is contained in the executive-legislative relationship based on the legitimacy of Yogyakarta people even though democratic mechanisms of Yogyakarta are not convergent .
The system is considered a constitutional-democratic government based on the legality of the UUD 1945 and the legitimacy of Yogyakarta Special RegionAos people.
Besides, it is strengthened by the historical AogenealogyAo of Yogyakarta itself.
The Communal Democracy: YogyakartaAos Privilege Affairs Based on Islamic Law Eclecticism Perspective Regarding the communal democracy of Yogyakarta.
Sri Sultan Hamengku Buwana as the Governor and Kanjeng Adipati Paku Alam as the Deputy Governor are the main figures as parardhya or the vanguard for the implementation of special democratic affairsAo intermediary agents.
Their decision must be oriented toward the benefit of the people by prioritizing the peopleAos sovereignty over the kingAos sovereignty.
Furthermore, it must be accompanied by a welfare paradigm that concerns a wide range of specific difficulties while eliminating individual preferences.
46 On the other side, elements of society, whether affiliated with political parties Aeincluding the DPRD, local house of representativeAeor civil society coalitions, must have a pro-active movement and rational-critical reasons for the Local Government policies through ethical and constitutional channels.
Dennis C.
Mueller.
Constitutional Democracy (Oxford: Oxford University Press, 1.
, 68.
Refer to Bambang Sigap Sumantri.
AuSejarah Keraton: Di Tengah Dua Arus Pengubah Wajah,Ay in Aloysius Soni BL de Rosari.
AoMonarki YogyaAo Inkonstitusional? (Jakarta: PT.
Kompas Media Nusantara, 2.
, 26Ae27.
46 Donny Gahral Adian.
AuAmartya Sen.
Demokrasi dan Teori Keputusan Sosial,Ay Respons:
Jurnal Etika Sosial .
165Ae80, https://doi.
org/10.
25170/RESPONS.
V16I02.
al-Ihkam: Jurnal Hukum dan Pranata Sosial, 18 .
, 2023: 200-221 Hariyanto, et al.
They have to give support in building a constitutional and democratic civil society to strengthen the democratic tradition of the Sultanate.
Duchy, or local government simultaneously.
On one side, the concept of communal democracy is based on the socio-religious aspects of sangkan paraning dumadi .
ivine noble In the context of fiqh muAoAmalah, it is popularly represented by hamemayu hayuning bawana .
ustainable environmental car.
like in siyAsah .
with manunggaling kawula gusti (King-People symmetrical relationshi.
These are then implemented in all aspects of citizenship (Aoumma.
, equal or non-discriminatory majorityminority relations, and leader policies on the protection and equality of majority-minority in a pluralistic society.
The communal democracy concept in the Law Number 13 is therefore a civilizational system accompanied by the principle of civility in the life of the state and nation.
In a larger scope, namely a country, it has a specific community identity in the majority considered as a way that prioritizes tolerance, equality, plurality, freedom, rights-obligation linkages, and philosophical conservatism47 of Yogyakarta.
Practically, democracy works as a system and principle of Yogyakarta Special Region mainly in solving conflicts.
On the other side, the concept of communal democracy contains an epistemological basis that includes maqashid al-sharia cumrechtsidee because of its core orientation to the theologicalphilosophical sides of Pancasila with cultural divinity communalism.
In addition, it was also influenced by the existence of al-Aourf because of the Yogyakarta democratic culture trilogy.
48 Such Islamic Law Eclecticism perspective, as stated by Ahmad Qodri Abdillah Azizy, leads to Indonesian Jurisprudence reflected by the interconnection between maqyid al-syarAoah and al-Aourf.
The maqyid al-syarAoah discourse as a part of Islamic law has shifted from the framework of ul fiqh based on al-mumAilAt al-qiyAsiyah az-eanniyah .
resumptive standard representation.
in bayAn .
ivine text-base.
epistemology to the framework of ul fiqh based on al-mumAilAt al-istidlyliyyah al- 47 Anthony Giddens.
The Third Way: The Renewal of Social Democracy (Cambridge: Polity Press, 2.
, 29.
48 Junaedi.
AuEpistemologi Fikih Indonesia: Nalar Pemikiran Hazairin.
Ay al-Ihkam: Jurnal Hukum dan Pranata Sosial, 18 .
, 2023: 200-221 The Communal Democracy of Yogyakarta Special RegionAos qa'iyyah .
efined inferential representatio.
in burhAn .
easoning base.
In Jasser Auda's perspective, maqyid al-syarAoah is based on the theory of Islamic law with a system approach.
Therefore.
Islamic law is deemed as an open system with the value of purposefulness.
50 The basis of maqyid al-syarAoah rests on measuring the effectiveness of the system in achieving its goals.
Islamic law is considered adequate if measured based on the achievement of its legal maqashid.
51 The implication is that maqyid al-syarAoah serves as a core orientation for interaction between na .
ivine tex.
and reality that contains religious values and moral concepts such as justice, human dignity, freedom, wisdom, and cooperation in society.
The context of maqyid al-syarAoah is basically relevant to the understanding of siyAsah fiqh because as Ahmad Fathi thinks, the siyAsah fiqh is the management of the benefit of humanity in accordance with the provisions of Syara'.
53 Whereas, al-Aourf is defined as a source of law which is a part of the maslahah based on syara' as formulated in the rules: al-sybit bi al-Aourfi ka al-ybiti bi an-nai my lam yukhylif syarAoan .
nything steady as the custom is worthy as that of revealed as long as it is in line with sharia.
Thus, the sharia accommodation of alAourf is a tribute to local wisdom in addition to showing the dimension of rahmatan lil 'ylamn .
ercy for everythin.
54 In this case.
Law Number 13 becomes a set of laws that governs Yogyakarta with a la Yogyakarta democracy containing a trilogy of culture-based Therefore, this culture-based democracy actually 49 Abu Ishaq al-Syatibi, al-Muwafaqat fi Ushul al-Syariah.
Juz I (Lebanon: Dar Al Kutub Al-Ilmiyah, 2.
, 44.
Refer to Ghofar Shidiq.
AuTeori Maqashid Al-SyariAoah Dalam Hukum Islam,Ay Majalah Ilmiah Sultan Agung 44, no.
118 (May 2.
: 117Ae30.
Compare to Ebrahim Moosa.
AuThe Reconciliation of the Fundamentals of Islamic Law (Al-MuwAfaqAt F Ul Al-Shar.
,Ay Islamic Law and Society 23, no.
3 (July 2.
: 318Ae 22, https://doi.
org/10.
1163/15685195-00233P06.
50 Auda.
Maqasid Al-Shariah as Philosophy of Islamic Law: A System Approach, 4755.
51 Auda.
52 Auda, 1.
53 Ahmad Fathi Bahantsi, al-Siyysah al-Jinaiyyah f al-SyarAoat al-Islymiyyah.
Cairo:
Dar Al-Shuruq, n.
54 M.
Noor Harisudin.
AuAoUrf Sebagai Sumber Hukum Islam (Fiq.
Nusantara,Ay Jurnal Ushuluddin: Media Dialog Pemikiran Islam 20, no.
: 66Ae86, https://doi.
org/10.
24252/JUMDPI.
V20I1.
al-Ihkam: Jurnal Hukum dan Pranata Sosial, 18 .
, 2023: 200-221 Hariyanto, et al.
becomes a reflection of fiqh siyAsah which simultaneously combines maqyid al-syarAoah and al-Aourf.
This reflection then becomes a basis for DIY to develop the communal democracy concept.
The combination has also contained an Indonesian national spirit while not ignoring the precepts of the QurAoan and hadith in order to achieve national law 55 Also, the ijtihad value is resonant with that of Pancasila.
The concept of Indonesian law, substantially, puts forward the spirit of Islamic religiosity.
56 Then, it is developed as a juridical-normativeethical of legal state through the Indonesian Constitution.
In the theoretical framework of the law concept, essential contents of communal democracy led to Islamic law eclecticism.
This happens because of the significant idea of Islamic law eclecticism.
Incidentally, it is an approach towards legal thought in Indonesia.
The idea of communal democracy in the context of constitutional democracy is the content of Indonesian law which incidentally intersects with the context of Islamic and Indonesian law.
Besides, it has to pay attention to Indonesian Jurisprudence.
the range of Islamic law dynamically puts the priority on Sharia goals.
59 In a legal reform, communal democracy is considered as a legal reference for Yogyakarta Special RegionAos government with an intra-doctrinalregulatory reform approach.
This reflects the pattern of legal realism plus an inter-connection blend of legal texts, especially in Law Number 13 and the trilogy culture-based democracy.
60 The Islamic law eclecticism in Yogyakarta can be visualized in Figure 2.
Qodri Azizy.
Hukum Nasional: Eklektisisme Hukum Islam dan Hukum Umum, 66.
56 Muhammad Shohibul Itmam.
AuIndonesian Jurisprudence: Ahmad Qodri AzizyAos Perspective,Ay Justicia Islamica: Jurnal Kajian Hukum Dan Sosial 16, no.
(November 19, 2.
: 367Ae94, https://doi.
org/10.
21154/JUSTICIA.
V16I1.
Refer also to Werner Menski.
Comparative Law in A Global Context: The Legal Systems of Asia and Africa (Cambridge: Cambridge University Press.
, 2.
, 56.
57 A.
Setya Wibowo, "Nalar Moderat: Autokritik Orang Prancis".
Paper Presented Meeting Point Study.
Organized by the Nurcholis Majid SocietyAy (Jakarta, 2.
, 66.
58 Azizy.
Hukum Nasional: Eklektisisme Hukum Islam dan Hukum Umum, 12.
59 Imam Syaukani.
AuHakikat Hukum Islam: Antara Divine Law dan ManMade Law,Ay Ulumuddin Journal of Islamic Legal Studies 7, no.
, 506.
https://doi.
org/10.
22219/ULUMUDDIN.
V7I1.
60 Azizy.
Hukum Nasional: Eklektisisme Hukum Islam dan Hukum Umum, 12.
al-Ihkam: Jurnal Hukum dan Pranata Sosial, 18 .
, 2023: 200-221 The Communal Democracy of Yogyakarta Special RegionAos Figure 2.
Ijtihad Model Based on maqashid al-sharia Figure 2 shows that maqyid al-syarAoah, local culture, and Law are inter-connected to each other.
Because of that, the context of eclecticism in the field of Indonesian legal construction is accompanied by a critical, scientific, and proportional method in selecting elements of Indonesian legal doctrine.
61 The law paradigm integrality leads to the moderate paradigm of law, the interrelation of Islamic law and general law applied with neither excess nor 62 This reason makes Islamic law eclecticism suitable to put its wisdom by paying attention to religious texts, the state constitution, local wisdom, and shared consensus.
Furthermore, the eclecticism approach can unite the sources of law in the Indonesian state dialogically, completely, or correctly.
In other words, eclecticism can be mentioned as dissolving the law system to benefit the progress of civilization.
The implementation of YogyakartaAos privilege affairs which leads to the concept of communal democracy within the framework of Islamic law eclecticism is therefore the embodiment of a democratic In the context of Yogyakarta Special RegionAos government, it is based on the execution of political power to manage the region.
This emphasizes, also, the political legitimacy consensus as a condition of sustainable development.
Besides, this indicates the urgency of 61 Ibid.
, xiv.
62 Mohammad Hashim Kamali.
The Middle Path of Moderation in Islam: The QurAoanic Principle of Wasatiyyah (Oxford: Oxford University Press, 2.
, 12Ae35.
63 Azizy.
Hukum Nasional: Eklektisisme Hukum Islam dan Hukum Umum.
al-Ihkam: Jurnal Hukum dan Pranata Sosial, 18 .
, 2023: 200-221 Hariyanto, et al.
synergy between civil society and the government.
While people are supposed to be open and actively engage in the governmentAos programs, the government needs to facilitate them well while paying attention to their aspirations, demands, and hopes.
This aims to build consensus-oriented as a shift in the function of the government from regulatory to facilitative.
Therefore, it can be a solution for the democracy problem of Yogyakarta which leads to the goal of creating prosperity and peace for Yogyakarta people through the privilege affairs based on maqyid al-syarAoah cumrechtsidee in special autonomy through legal reform democratically.
The communal democracy conception leads to the reconstruction of the legal paradigm from the causal paradigm .
qtirAbah talliyya.
to the teleological paradigm .
qtirAbah taqsdiyya.
64 The implication is a core orientation for the interaction between na and reality that contains religious values and moral concepts such as justice, human dignity, freedom, wisdom, and cooperation in society.
On that basis, we recommend the normative formulation of Law Number 13 in the Year 2012 in the context of the democratic system from democracy as universal recognition and equality of human rights to democracy as a system of Yogyakarta Special Region guaranteeing human rights based on the principle of kinship in There is consequently a shift in understanding from an individualistic human rights-based democracy system to communal human rights-based on the local wisdom in Pancasila.
The Yogyakarta Special Region government could use the concept of communal democracy not only to obtain legal legitimacy from the UUD 1945 and arrange normative recommendations of the democracy model in the region but also to design the democratic system that underlies its privilege affairs in combination to maqyid al-syarAoah.
Of course, this should not ignore the existence of Law Number 13 in a legal atmosphere of justice beyond the law within the framework of the state of law.
Therefore, the law does not only reflect the value of reality but also implies a value for reality.
Conclusion 64 Auda.
Maqasid Al-Shariah as Philosophy of Islamic Law: A System Approach, 65 Auda, 1.
al-Ihkam: Jurnal Hukum dan Pranata Sosial, 18 .
, 2023: 200-221 The Communal Democracy of Yogyakarta Special RegionAos The democratic system in YogyakartaAos privileged affairs is manifested in regional autonomy such as Law Number 13 of the Year 2012 and its derivatives.
Its implementation uses the concept of communal democracy in accordance with the principle of local In addition, the local leadership always uses other local cultures in carrying out the government such as ngencengke oyot, ngencengke pang, and njagani godhong lan kembang.
These are in line with the Islamic law eclecticism while the concept of cultural-based democracy is resonant to merge among maqyid al-syarAoah, siyysah fiqh, and al-Aourf.
To strengthen the democratic system, it is deemed necessary to reconstruct the norm of democracy accompanied by the Islamic Law Eclecticism paradigm as the concept of communal democracy for solving soft democracy problems.
This conceptionalnormative based research is actually a preliminary one that requires further studies on legal-empirical research to dick up the implementation of communal democracy, especially, in Yogyakarta.
could be in terms of research methodology or the basic concept of democracy and Islamic law.
This sort of legal research can create theoretical ideas relevant to the times and the needs of human Acknowledgment The author's thanks go to the librarian of UIN Prof.
Saifuddin Zuhri Purwokerto, the librarian of the Law Faculty of Jenderal Soedirman University, and the librarian of the Southeast Sulawesi High Court which has provided access to some works of literature.
References