Rekonstruksi Politik Hukum Perppu Menegakkan Kemaslahatan Di Tengah Otoritarianisme Konstitusional

Abstract

This study examines the need to reconstruct the legal-political framework of Government Regulations in Lieu of Law (PERPPU) in order to uphold just public welfare amid tendencies toward constitutional authoritarianism. Based on Article 22 of the 1945 Constitution and the decision of the Mahkamah Konstitusi Number 138/PUU-VII/2009, the study finds that the phrase “a compelling urgency” has an open-textured character and has not yet been operationalized into measurable indicators. As a result, the practice of issuing PERPPU tends to shift from rule of law to rule by law, as reflected in the controversy surrounding Government Regulation in Lieu of Law Number 2 of 2022 concerning Job Creation. Using a normative juridical approach and qualitative analysis, this research integrates three theoretical frameworks legal politics theory, constitutional justice, and maslahah mursalah to formulate a three-stage reconstruction method. The first stage is a deconstructive analysis of power bias and interpretive stagnation. The second stage is an interpretive reconstruction linking the state of emergency to the principle of just public welfare. The third stage is an operational recodification into five fundamental requirements: juridical-critical, sociological-empirical, philosophical-welfare oriented, democratic-procedural, and ethical-constitutional requirements. The result is a four-dimensional model for limiting power: a normative-constitutional dimension that requires measurable “emergency” indicators; a procedural-democratic dimension through policy briefs and parliamentary pre-clearance; a substantive welfare dimension through benefit-risk assessment; and an ethical-evaluative dimension through sunset clauses and welfare-based judicial review. The study concludes that reconstruction is necessary to prevent abuse of authority while maintaining the effectiveness of the state’s response. Its main recommendations include establishing organic regulations governing the issuance of PERPPU, mandating limited public participation, and integrating welfare-oriented regulatory impact assessments. The novelty of this research lies in its conceptual synthesis combining state of emergency theory with maqasid al-shariah, producing parameters for issuing PERPPU that can be tested both rationally and morally.