Suchergebnisse

The presence of a local regulation containing religious teachings has recently been challenged in the form of criticism, which considers that the existence of this regulation product is a form of discrimination and is not effectively implemented. The results of the study, Gorontalo Province, dubbed "Serambi Madinah", the majority of the population is Muslim, putting religion as the main thing in the affairs of life. The urgency of the teachings of Islam in the formation of legal products in Gorontalo is based on several things, in addition to being considered a local wisdom, the law instead presents justice, prosperity and prosperity for its people and serves as a benchmark for how to live a national life based on Pancasila without violating the value of tolerance towards other people. Local regulations based on religious teachings also contain solutions to overcoming the problems of poverty, economic, social and cultural areas that originate from the Qur'an where the teachings are for the salvation of humanity from moral damage. Therefore, it is important to present regulations containing the content of Islamic teachings as a form of preventive and repressive measures for all forms of crime and deviant behavior. Islamic teachings are considered important to be the substance, in addition to supporting parents to provide assistance to children's activities, it also supports the government in carrying out its duties and responsibilities in social affairs.

Through access to regional autonomy, the desire of various regions to formulate Islamic law into their laws and regulations in order to fulfill rights and obligations and respond to various problems of society becomes more open. Therefore, the purpose of this research is to reveal how the function of Sharia Regional Regulations in the implementation and fulfillment of basic service duties of local government, especially from the aspects of education and socio-culture in Gorontalo Province. This type of research includes normative legal research supported by empirical data, which examines comprehensively and analytically the primary and secondary legal materials, using statute approach and case approach. The result of the research indicates that the existence of these regional regulations is one of the provisions ensured in Law no. 23 of 2014 on Local Government and Government Regulation Number 38 of 2007 on the Division of Government Affairs, between the Provincial Government and Regency/Municipal Government. The regional regulations drafted and compiled by the Gorontalo provincial government actually assure harmony of life, security, and order. As it is in the field of one's religious education. The existence of the Regional Regulation of Reading and Writing Al-Qur'an in Gorontalo is able to embody the desire of students to develop their education to higher level, as a condition for entering the next school level. Meanwhile, from the socio-cultural aspect, the existence of Regional Regulations on the Prohibition of Gambling, Prostitution, and Liquor, helps the government create order and tranquility in people's lives, maximize regional potential and development, especially with regard to local wisdom. Therefore, the Regional Government requires to implement and maximize the provisions of sharia regional regulations in order to support development, especially those related to basic services in various aspects, in order to maximize the regional potential and local wisdom.

This study aims to analyze local regulations with syari'ah nuances and their relationship with the implementation of local government duties and obligations. The method used in this research is normative juridical using a descriptive analytical approach. The results show that: Regional Autonomy in principle hands over authority to local governments to regulate and manage their territories, including in the preparation of legal products. Perda Syari'ah is drafted as an arrangement for the ins and outs of one's worship, and is also related to social interaction in the community which is called the Muamalah aspect. In this regard, of course this is part of the mandatory affairs of which the regional government is carried out based on the concurrent authority as contained in Article 11 and Article 12 of Law Number 23 of 2014, as well as Article 7 of Government Regulation (PP) Number 38 of 2007. In relation to regional autonomy, the power to manage and regulate the regions becomes the duties and responsibilities given by law and is even contained in the contents of the constitution, the aim is to facilitate the task of the regional head in handling social affairs. Therefore, it is important to respect the traditional rights of the region including the regional regulations with the content of Shari'ah as contained in Article 18A Paragraph (1) and Article 18B Paragraph (1), as well as Paragraph (2) of the 1945 Constitution of the Republic of Indonesia, and simplify religious affairs which are regional rights within the framework of service to the basic needs of the community