THE ROLE OF THE WANAR VILLAGE CONSULTATION BODY IN CARRYING OUT THEIR TASKS AND FUNCTIONS FROM FIQH SIYASAH PERSPECTIVE

: This article discusses the role of the Village Consultative Body in carrying out its duties and functions in Wanar village, Pucuk District, Lamongan Regency, East Java from the perspective of fiqh siyasa . This research is field and qualitative research. Data were collected through observation, interviews and documentation, which was then analyzed deductively. The results of this study concluded that the function and role of the Village Consultative Body of Wanar Village, Pucuk District, Lamongan Regency, had been carried out well. 2 factors affect the performance of BPD Wanar, namely: supporting and blocking factors. The supporting factor is the support from the village community and the village government is a good partner with BPD. The inhibiting factors are the salary of BPD members is still minimal, facilities and infrastructure are inadequate, funding is lacking, the human resources of BPD members are less qualified, and there is rejection by some communities of decisions/policies made by the village head. From the perspective of fiqh siyasah, the role and function of BPD are equated with ahl al-hall wa al-' aqd and the Hisbah institution. In performing its functions,


Introduction
Indonesia as a unitary state gives authority to regional governments based on the principle of decentralization.The presence of regional government in the government system in Indonesia is an inseparable part of a state government system or national government.Conceptually and theoretically the existence of regional government is much earlier than the existence of elements of central government or state government. 1In the government system of the Republic of Indonesia in the concept of the Indonesian constitution before the amendment, Indonesia's regions were divided into large regions and small regions with the form and structure of the lowest level of government being the Village. 2 The existence of villages has an important meaning in the process of government and community development, to realize independence in implementing development based in rural areas. 3o strengthen the operational basics of Village government, the government then issued Government Regulation (PP) Number 43 of 2014 concerning implementing regulations for Law Number 6 of 2014 concerning villages.This regulation explains the Village Consultative Body (BPD).BPD is an institution that carries out government functions whose members are representatives of the village population based on regional representation and are determined democratically to regulate community interests. 4It could be said that the Village Consultative Body is a representative institution of village residents such as the assembly council or DPR in the village. 5n Law of the Republic of Indonesia Number 6 of 2014 concerning Villages, it is explained that in villages there must be a legislative institution whose duties and functions include, among other things, supervising or controlling as well as legislative functions to make village regulations together with the village government or village head.This law also regulates the functions of village government, including the functions of the Village Consultative Body (BPD).6 The village government consists of the Village Head, Village Apparatus, and Village Consultative Body.7 BPD as a working partner of the village government, has an important role in supervising the village government.8 However, in practice, some BPDs do not function well in carrying out their duties, such as in Wanar village, Pucuk sub-district, Lamongan district.In previous research, research conducted by Khusnul Ma'rifad in 2019 9 and Kamaludin in 2016 10 , tried to measure the role of BPD empirically from the perspective of financial supervision and development.
Therefore, this research focuses on the role of the Village Consultative Body in carrying out overall supervisory functions based on its role in village government in Wanar Village, Pucuk District, Lamongan Regency.Based on this, using empirical juridical research methods conducted in Wanar Village, Pucuk District, Lamongan Regency, this article examines The role of the BPD in Wanar village in carrying out its function in supervising the village government, which is then analyzed using the theory of siyasah jurisprudence.The subjects of this research are parties involved in the role of the Village Consultative Body in carrying out the supervisory function of village government in Wanar Village, Pucuk subdistrict, Lamongan district.This article examines the role of the BPD in Wanar village in carrying out its function of supervising the village government, which is then analyzed using the theory of siyasah fiqh.

The Role of the Village Consultative Body in Implementing Village Government in Wanar Village, Pucuk District, Lamongan Regency
In administering village government, the Village Consultative Body functions as a control over village executive power.The Village Consultative Body (BPD) acts as a village legislative body which is an institution of community trust.In this article, we discuss the function of the BPD in Wanar village, namely the function of the BPD in discussing and agreeing on draft 9 Khusnul Ma'rifad, "Analisis Fiqh Siyasah Terhadap Fungsi Pengawasan Badan Permusyawaratan Desa Dalam Pengelolaan Dana Desa Di Desa Gambiran Kecamatan Prigen Kabupaten Pasuruan," UIN Sunan Ampel Surabaya (UIN Sunan Ampel Surabaya, 2019), http://digilib.uinsa.ac.id/31959/3/KhusnulMa%27rifad_C95215084.pdf.Village Regulations with the village head, the function of the BPD in accommodating and channeling the aspirations of the village community, the function of the BPD in supervising the performance of the village head.

Functions of the Village Consultative Body in discussing and agree on design Village Regulations
According to the Village Head, Wanar, and village officials together with the BPD carried out several processes to establish village regulations, including: 1) The village government prepared draft village regulations; 2) BPD members are invited by the village government to create village regulations together; 3) The village head submits proposals to the BPD regarding village regulations; 4) The hamlet head with village community leaders and the BPD submit proposals to improve village regulations; 5) Schedule several proposals from the BPD to the village head; 6) Joint approval is carried out if a joint meeting has been held between the village head and the BPD. 11he function of the BPD in making Village Regulations is to review these regulations together with village officials and community leaders in Wanar village.The BPD will see whether the regulations are by the law or not.If the BPD assesses that the aspirations have the potential to have a negative impact, then the aspirations will be returned to the community.If this has a positive impact, then the BPD will approve the draft regulation.This is as explained by Tauhid (Chair of the Wanar Village Consultative Body): "Regarding the draft village regulations, the BPD does not question whether the village regulations are not detrimental and do not cause hardship to the people of Wanar village, there are no complaints or concerns from the people of Wanar village, and are in accordance with existing regulations."BPD Wanar only needs to know, but we will continue to monitor the draft village regulations and their implementation." 12he Head of the Badu Hamlet (Kasun), Wanar Village, said that the draft village regulations came from proposals from the Village Government, BPD, the Head of the Hamlet and several representatives or community figures.They participate in the process of discussing and enacting Village Regulations.13BPD function in accommodate as well as channel aspirations people in Wanar Village , actually Already Enough well , especially at times Musrenbang ( Deliberation development village ) or at the time discussion with inhabitant village .However , there is aspirations that have not yet fulfilled by BPD maximum among them about access road in the still Badu hamlet difficult passed .Badu hamlet residents proposed exists making drain left and right throughout the road that passes segment road main every village to walk No easy broken , however Village Head and BPD more prioritize paving road village , because reason budget . 14PD works as institution aspirations inhabitant accommodate various type complaint public village and beyond continue complaint the For be delivered to government village .Complaints Can be delivered in a way oral or writing.Furthermore, aspirations and proposals will be discussed and acted upon moving on in form regulation village ( perdes ).15

Functions of the Village Consultative Body in Do Supervision
on the Village Head's Performance Based on Law no.6 of 2014 in point c, the function of BPD is do supervision to performance head village .BPD works as tool control in the power executive village.In terms of this, BPD in the village of Wanar has operated function with Good.
Tauhid, Head of the village BPD Wanar , conveyed that form supervision or BPD control of performance head village Wanar done with supervise performance head village in carry out his task among them carry out Village Regulations ( Perdes ) and APBDes .If there is deviation nor shortage , then BPD Wanar will take policies and Actions for overcome matter the . 16ow BPD supervises government village in implementation regulation village are : 1) Controlling as well as supervise action by the implementer nor organizer regulation village .2) When happen deviation , then BPD will give reprimand .3) Chairman of the BPD as leader will clarify it in every meeting village .4) BPD will give penalty or appropriate warning _ with regulation legislation 5) If the BPD does not Can overcome it , then BPD or report it to the sub-district head as well Regent For followed up . 17PD supervision of Budget Wanar Village Income and Expenditures ( PBDes ).done through checking report accountability Village Head in every end year budget .According to Chairman of BPD Wanar , form supervision carried out by BPD Wanar is with monitor regularly regarding the self -help funds used for development village and monitor village treasury in matter income nor expenditure .
According to BPD Chairman , report village cash income and expenditure Already walk with good and transparent . 18ccording to Syifa , Head General Affairs (Kaur), village funds always supervised and monitored by the BPD and even monitored by the authorities enforcer law . 19

Supporting and Inhibiting Factors in Implementing the Functions of the Wanar Village Consultative Body
In carrying out the functions of the BPD in Wanar village, there are supporting and inhibiting factors.Factors that support the function of the Wanar Village Consultative Body are: 1) Support from the inhabitant village against BPD Wanar According to Tauhid, Chairman of BPD Wanar , the community village is the most determining factor BPD's success in operate duties and functions .Support , appreciation as well as welcome positive from public village against the BPD to make the BPD a village Wanar can carry out duties and functions with Good . 20That matter supported by Ali Thohir , Head of Wanar Village , who said that participation nor support inhabitant public village Wanar is mover for us as head village Wanar so you can operate task government with Good . 212) Head village as partner BPD work According to Syifa , BPD and head performance village Already good and can Work in a way compact .Harmonious relationship _ This Because exists the same interests and goals ie For prosperous as well as welfare public village Wanar . 22 village .This matter reasonable as form democracy , however matter the Can hinder step government village and BPD within operate policy the .

Analysis of the Role of the Village Consultative Body in Carrying out Village Government Functions
From the presentation of the previous study, it can be seen that the main functions and tasks of the supervision of the Wanar Village Consultative Body have not been maximally realized as stated in the statutory regulations.This can be seen when the function of BPD Wanar pays little attention to the actual situation in the field.For example, what happened was that not all of the aspirations of the Wanar village residents were carried out or approved by the village government, such as the proposal of the Wanar village residents who wanted to prioritize the water channel embankment on the right and left sides of the main road to each hamlet being made first rather than repairing the road.During this time, BPD Wanar has also listened to the aspirations of village residents, such as issues regarding road repairs, rice field roads/teak forest roads, and the creation of agricultural waters, etc.
In terms of the process of establishing and discussing Wanar Village Regulations in accordance with the Law, namely: 1) Members of the Village Consultative Body are invited by the Village Government/Village Head to convey the aims and purposes of forming Village Regulations; 2) The village government and the Village Consultative Body submit draft village regulations; 3) The Village Consultative Body provides suggestions or input to improve or complete the draft village regulations to the village government/Village Head; 4) The Village Consultative Body holds meetings with the village government approximately one to two times to obtain mutual agreement.
If the obtained agreement in design of Village regulations in a way together between the Village Head with BPD, then Village Regulations _ has approved and ratified as well as set as Village Regulations.
BPD does at least 3 functions that is ; making regulation village together Village head ( legislative function ), accommodating and distributing aspirations society ( aspiration function ), and performing supervision to performance Village governance is a good problem government general ( controlling function ) as well as budgeting ( budgeting function ). 30Function the If seen from corner jurisprudence Dusturiyyah enter in category ahl al-hall wa al -' aqd in accommodate and distribute aspirations public village . 31iqh siyasa Dusturiyyah is usually limited only in studies regulations and legislation required by affairs _ statehood reviewed from facet the suitability with the principles of the Islamic religion and constitute realization benefit man in frame fulfil his needs . 32In terms of this is not BPD must carry out all aspirations from villagers .Only aspirations obey _ view they in accordance with need real public just will _ made regulation village and implemented .
There is a general rule that is adhered to about Siyasah dusturiyah which talks about the relationship between society and its leaders, namely the rule " tasharruf al-imam ala al-raiyyah manuth bi al-mashlahah" (The actions of the imam towards his people must be linked to the benefit of the people). 33This rule implies the general policy of a leader (head of government) must always be oriented towards the benefit of society or the people.Al-Khulafa al-Rashidun's policies in controlling the government, although they have differences in their style of government according to their respective characteristics, they have similarities in terms of policy flow, namely oriented towards the greatest benefit of the people. 34This is in accordance with the principle "The Imam's wisdom is very dependent on the benefit of the people." 35n relation to the aspirations people who want it making embankment water channel on the side right and side left go , BPD can No fulfill it , because according to BPD still There is priority more development _ important , that is manufacture and repair road , rice field road / road forest teak , and manufacturing waters agriculture .Indeed BPD does not make regulation for all aspirations the people who come in , because consideration effectiveness and benefit .Usually making regulation eat time is not just a moment , because need coordination with government village specifically head village .Therefore , only _ very important aspirations just make it regulation village for him .
, al-maqasid al-syari'ah al-sittah ( the six principles of Islamic law) must be guaranteed and well maintained , namely hifd ad-din (maintaining religion ), hifd al-nafs (maintaining the soul).), hifd alaql (maintaining reason), hifd al-mal ( maintaining wealth), hifd alnasl (maintaining descendants), 36 and hifd al-ummah (maintaining the people). 37PD is the institution that appoints the Village Head.However, in making village regulations, the BPD must collaborate with the village head and the village head must also work with the BPD.A reciprocal relationship in carrying out the legislative duties of village regulations.Whatever village regulations must be agreed and approved by the BPD and the Village Head.Without the agreement of both parties, village regulations will not be implemented.
BPD members are people elected by the community through a democratic mechanism.BPD members are elected by the community to represent them for their good and welfare.Because it is impossible for all people to convey their aspirations directly to the village government, because it would require a large space, a long time and it would also be a long-winded discussion of these aspirations.Therefore, BPD are members of society who can convey their aspirations well and effectively.Therefore, society needs representatives to convey its aspirations, and BPD is an institution that represents society consisting of elected people democratically elected by society.BPD members have several conditions to be selected, with these conditions they are expected to be able to carry out their duties as representatives of the village community.Therefore, the position of BPD working partners is equal to the Village Head so that they can carry out their duties well and effectively.
Likewise, ahl al-hall wa al-'aqdi must collaborate with the caliph or head of state.Ahl al-hall wa al-'aqd is a representative institution that accommodates and channels the aspirations of the people.One of their duties is to determine and appoint the head of state as the leader of the government for the people.According to Al-Mawardi, ahl al-hall wa al-'aqd are ahl al-ikhtiyar , namely people trusted to represent the people in voting, because they are trusted to choose the caliph.ahl al-hall wa al-'aqd is a group of community members who represent the ummah (people) to determine and determine the direction and policy of government for the sake of achieving the benefit of their lives.
the ahl al-hall wa al-'aqd assembly is at the same level as the government.The Caliph himself acts directly as chairman of the institution.This assembly holds deliberations on legal matters and helps the caliph carry out state governance.The ahl al-hall wa al-'aqd institution played a very important role in the wheels of Islamic government in the early days. 38here are several reasons regarding the significance of the ahl al-hall wa al-'aqd institution .Among them are: 1) It is impossible for the people as a whole to be involved in asking for their opinion on laws or collective regulations, so there must be several members of society who represent society in general who can be consulted in determining government policy and forming laws.2) It is impossible for individual people to gather to hold deliberations in one place, because it requires a very large space.Deliberation will not produce good and wise rules because among them there will definitely be those who do not have sharp views and are unable to express opinions in deliberation so that deliberation takes a long time and is difficult.
3) The obligation to amar ma'ruf nahi munkar can only be carried out if there is an institution that plays a role in maintaining the benefit between the government and the people; 4) The obligation to obey the ulu al-amr (leader of the community government) only exists if the leader is elected by a deliberative body.
The mechanism for selecting members of ahl al-hall wa al-'aqd is carried out in several ways: 1) General elections are held periodically.In this election, community members who have met the requirements elect members of the ahl al-hall wa al-'aqd according to their choice; 2) Selection of members of ahl al-hall wa al-'aqd through selection within the community.In this case, society can see people who are respected and have personal integrity and who have great concern for the interests of the people.They were then selected to become members of the ahl al-hall wa al'aqd ; 3) Members of ahl al-hall wa al-'aqd are directly appointed by the head of state. 39n other words, ahl al-hall wa al-'aqdi can be seen as a voting council in an Islamic government which must have certain conditions, namely: 1) Fair with all conditions.
2) Knowledge that enables him to know who has the right to become a priest (caliph) according to legal criteria.3) Insight and attitude wise who made it capable choose who is the most appropriate become the most effective imam (caliph).and the most expert in manage all interest .Implementation function supervision carried out by the Wanar Village Consultative Body next is supervision to Budget Village Income and Expenditures ( APBDes ).Supervision to APBDes the can seen in report accountability Head of each Village end year budget .As for form supervision carried out by BPD Wanar is monitor all village cash expenditure and income and monitoring regularly about the self -help funds used For development village .
Supervision carried out by BPD Wanar has held with Good so that can minimize happen deviation to APBDes .However , supervision to budget still needed For improved through cooperation between BPD and party Police nor attorney as well as also involve residents public village Wanar .
If you have happen misappropriation budget income and expenditure village , then BPD Wanar will give reprimand first time _ kinship , and so on will clarified in meeting chaired by the Chairman of BPD Wanar .However , if there is something complex and difficult problems _ For solved , then BPD Wanar will report it to the sub-district head and regent Lamongan For quick followed up .
BPD supervision of performance government village Can done based on order as following ; a. Supervision to all action taken _ apparatus government village as well as all existing aspirations _ be delivered b.If it happens fraud , BPD can give reprimand in a way kinship , c. BPD will clarify findings That in meeting led village _ chairman of BPD in something Village Musrenbang .d.If it happens difficult thing _ solved , then BPD will give penalty in accordance existing regulations , such as report to subdistrict head or regent For followed up .
The Village Development Planning Deliberation (Musrenbang) is an annual deliberation forum for village stakeholders to agree on the Village Development Work Plan (RKP Desa) for the planned fiscal year.The Village Musrenbang is held every January by referring to the Village Medium Term Development Plan (RPJM Desa) document.Each village is mandated to prepare a 5-year plan document, namely the Village RPJM and an annual plan document, namely the Village RKP.In the Village Musrenbang forum, the BPD, in this case the chairman, plays a very important role in directing the course of the deliberations.
The objectives of the village musrenbang are: 1) Agree on priority needs/problems and village activities which will be used as material for preparing the Village Development Work Plan.2) Agree on a team of village delegates who will explain the problems in their village at the sub-district Musrenbang forum for the preparation of the regional government program/SKPD for the following year.
The BPD's function in supervising the performance of village government can be analogous to the supervisory function carried out by the al-Hisbah regional institution towards Islamic communities.Supervision is essentially an act of assessing whether an activity or event has gone according to what has been determined.With supervision, mistakes will be found that can be corrected and most importantly, the same mistakes will not be repeated.Regarding supervision in Islamic law, there is a related theory, namely the area of al-Hisbah .As a surveillance concept that has Islamic roots, the al-hisbah area emerged along with the development of Islam. 40PD and Al-Hisbah are both government institutions.Because of BPR's position as a working partner of the Village Head.The person who first emphasized the role of al-hisbah was Rasulullah SAW.The Prophet always went around the Medina Market to supervise the activities of market players.An al-muhtasib ( al-hisbah officer ) is tasked with resolving public problems and criminal acts that require quick decisions.Al-muhtasib is tasked with enjoining goodness and preventing evil (amar ma'ruf nahi mungkar), maintaining adab, ensuring the implementation of sharia laws, and supervising whether or not general laws and bad manners apply which no one may violate. 41The BPD also does the same thing, especially maintaining the implementation of Village regulations by the village government and ensuring that there are no irregularities in the use of the Village budget.Even though the BPD does not have the right to punish as al-Muhtasib does, the BPD can ask for clarification of any deviations that have been made.the Village Head in a Village Musrenbang or can report the deviation to the District Head or Regent.
The description of the responsibilities for carrying out almuhtasib's duties can be classified into three types.First, responsibilities related to the rights of Allah, namely supervising the community and facilitating their religious activities such as ordering prayers and maintaining mosques.Second , responsibilities related to human rights, namely paying great attention to the implementation of the principles of justice in society, such as monitoring the accuracy of weights and measures, as well as inspecting prices and goods in the market.Third , responsibilities related to the rights of God and humans, namely supervision of public administration and services, for example preventive measures for various public facilities so that they are well maintained.The BPD can supervise the implementation of Village regulations which contain the enforcement of the principles of justice and the principles of welfare of village communities and prevent the community from all injustice.
With Thus , it came true partner nice work _ Of course based on passion respect and appreciate One caused by each other exists interests and goals with those who want achieved ie For prosperous as well as welfare public village Wanar .BPD always There is coordination with government village Wanar .
BPD can imitate the Hisbah institution in carrying out supervisory duties over village government.BPD can act as muhtasib (executor of hisbah ) who carries out supervisory duties and functions regarding the implementation of village regulations carried out by the village government as the muhtasib also supervises activities carried out by the community and government officials related to deviations from statutory regulations both made by Allah SWT and those made by the Islamic government.Hisbah officers can supervise the community in carrying out their religious obligations, supervise the implementation of the principles of justice in society such as monitoring the accuracy of weights and measures, as well as inspecting prices and goods in the market and can also carry out supervision over administration and public services in the sense of carrying out preventive actions against various public facilities so that they are well maintained and can run well.
Hisbah as a government agency is actually very positive and needs support from all parties.Especially when critical culture in the form of amar ma'ruf nahi munkar is increasingly lost among society.The key to the success of the Al Hisbah Region is seen when village communities with deep religious awareness and high social concern want to realize high moral standards, superior moral excellence in village communities and obedience to village regulations that have been made.When the community is critical and brave enough to convey their aspirations to the BPD when they see deviations from village regulations by the village government, it means that the community has supported the BPD's performance.Therefore, BPD members are expected to have deep and broad insight regarding the problems that exist in the village.As a Muhtasib is expected to have deep and extensive insight into the laws relating to the rights of Allah SWT and the rights of the people.
However, when immoral acts spread in society, it means that the al-Hisbah area is not playing its role perfectly.When the al-Hisbah area runs imperfectly, it means that government officials have failed to raise awareness of implementing the Shari'ah.Supervision aims to support the smooth and accurate implementation of government and development activities.With inherent supervision, efforts are made to avoid implementation irregularities, abuse of authority, leaks and waste.This means that inherent supervision is more useful than the prevention of deviation.When the community is uncritical, indifferent and does not care about deviations from village regulations by the village government, it means that the community no longer supports the performance of the BPD.Therefore, the village community's support for the BPD's performance greatly determines the success of the BPD's performance.

Conclusion
Based on discussion about function and role supervision carried out by the Village Consultative Body Wanar Subdistrict Shoot District Lamongan , then concluded that p implementation functions and duties Principal of Wanar Village BPD fully Already accomplished with Good .There are 2 influencing factors BPD Wanar's performance, namely: factors supports and barriers.Among the supporting factors is exists support from public village and Government village become good partner _ with BPD.Meanwhile, the inhibiting factor is wages BPD members still lack facilities and infrastructure not enough adequate , problem funding , human resources for BPD members are lacking quality , and availability rejection by some people on decisions / policies made _ head village .
In perspective jurisprudence siyasah , the roles and functions of BPD are equalized ahl al-hall wa al -' aqd in accommodate and distribute aspirations public .BPD also plays a role as institution Hisba in do task supervision to government village .BPD in do its function in accordance with the rule of " tasharruf al-imam ala al-raiyyah manuth bi almashlahah " (The priest's action against its people must linked with people's benefit ).
28 5) problem funding According to Chairman of BPD Wanar , Tauhid, problem funding is very crucial problem .Every activity village always requires sufficient operational funds _ big .Apart from that , there are no funds yet sufficient For provide sufficient honor for BPD members .Fund allocation is still ongoing For development facilities and infrastructure village Wanar, like repairing muddy roads _ or repairing and replacing light dead villages._ That matter because in Compiling a List of Proposals Plan Activities (DURK) and implementation policy allocation of operational funds village , chief villages and devices village often not _ involve public village .6) The low participation public village of Wanar in the development Participation public village Wanar in the process of activities development village Still low.That matters Because lack of communication from the organization manager Village Fund Budget (ADD) with the public village. 29

Village Consultative Body in Accommodate and Distribute Village Community Aspirations
Khodar Usman Ali stated that pattern connection Work The same between government village with current BPD This more Good If compared Syifa, "Kepala Urusan Umum Desa Wanar," Interview, September 2021. 20Tauhid, "Ketua Badan Permusyawaratan Desa Wanar." 21Thohir, "Kepala Desa Wanar." 22Syifa, "Kepala Urusan Umum Desa Wanar." to with government village Wanar previously .BPD is involved active in every development carried out by the village Wanar . 23Apart from factors support , there are a number of inhibiting factor _ function and performance of village BPD Wanar , namely : 1) Wages village BPD members Wanar still minimal According to Tauhid, salaries are provided by the government village Wanar for village BPD members Wanar Still not enough adequate , so BPD members must look for work side For fulfil need family . 242) Facilities and infrastructure the moment facility place Work or village BPD office Wanar not yet ideal and lacking comfortable , so influence performance BPD members . 25According to Khodar Usman Ali, of course separate BPD office with office head village .