PROBLEMATIKA RANCANGAN UNDANG-UNDANG PERTEMBAKAUAN (PERSPEKTIF POLITIK HUKUM DAN TEORI MASLAHAH)

Fathonah Nur Cholifah, NIM.: 18103070072 (2022) PROBLEMATIKA RANCANGAN UNDANG-UNDANG PERTEMBAKAUAN (PERSPEKTIF POLITIK HUKUM DAN TEORI MASLAHAH). Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

The Tobacco Products Industry (IHT) does have many links to health, economic and political issues. IHT also has a large workforce. IHT is actually a strategic industry because of the close linkages from the upstream to downstream sectors, from farmers, industry and also the trade sector to distributors, even to small retailers or hawkers. The economic benefits generated through the trade in tobacco and its processed products make many people continue to practice it, but the adverse health effects caused by tobacco and its processed products encourage many people to limit or even prevent the process of trading these commodities. The drafting of a new rule, namely the Tobacco Bill, also experienced quite a number of pro and contra obstacles and has not yet found an agreement to be ratified. The drafting of the Tobacco Bill should be used as well as possible in addition to maintaining the continuity of the domestic cigarette industry, increasing the welfare of tobacco farmers, and increasing the welfare and income of the state, but also paying attention to the health aspects in it. The expected result of this Tobacco Bill is a balanced regulation of tobacco in Indonesia, from upstream to downstream. This paper aims to analyze the problems of the formation of the Tobacco Bill from the perspective of legal politics and maslahah. This type of research is library research. The approach used is normative juridical research, namely the research process to examine and examine law as norms, rules, legal principles, legal principles, legal doctrines, legal theories and other literature to answer problems in accordance with the description of the formation of the Tobacco Bill. used include literature and documentation. The results of the research that have been carried out show that in the formation of the Tobacco Bill the configuration that is formed is democratic, the political configuration that occurs will also indicate the role of the community in overseeing this legislation project from the academic paper to the official draft of the Tobacco Bill, evidence that a transparent series of processes can guarantee accountability of embryonic legislation products. In addition, in the review of maslahah, the Tobacco Bill is materially in accordance with the maslahah principle, and is included in the maslahah dharuriyyah, Al-Maslahah Al-Ammah which concerns the interests of the majority of the people and is related to basic rights that must be fulfilled, namely hifzu al-ammah. din, hifzu al-nafs, hifzu al-aql, hifzu al-nasl, hifzu al-mal.

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