eprintid: 63877
rev_number: 11
eprint_status: archive
userid: 12460
dir: disk0/00/06/38/77
datestamp: 2024-02-20 01:45:12
lastmod: 2024-02-20 01:45:12
status_changed: 2024-02-20 01:45:12
type: thesis
metadata_visibility: show
contact_email: muh.khabib@uin-suka.ac.id
creators_name: Zulham Mubaraq, S.H, NIM.: 21203012094
title: RELEVANSI MASLAHAH DAN HUKUM LINGKUNGAN DALAM PERATURAN PEMERINTAH NOMOR 26 TAHUN 2023 TENTANG PENGELOLAAN HASIL SEDIMENTASI DI LAUT
ispublished: pub
subjects: _lingkungan
subjects: huk_tata
divisions: ilmu_sya
full_text_status: restricted
keywords: Maslahah, Hukum Lingkungan, PP No.23 Tahun 2023
note: Pembimbing: Dr. Ahmad Yani Ansori, M.Ag.
abstract: The territory of Indonesia with its natural wealth requires rules or regulations that can be a solid foundation so that the preservation and utilization of this diversity cannot be lost. Talking about regulations at this time Indonesia is in a vulnerable condition, seeing the amount of environmental damage and disasters that occur, many regulations are used to extract natural resources to forget the risks posed. The utilization of the results of sedimentation in the sea, which is now a pro and con debate among environmental activists, indicates that there is an attitude of government indifference in this Government Regulation, can be seen in Article 9 of Government Regulation Number 26 of 2023, this regulation hints at the reopening of the export of sea sand even though it also contains mud to be quarantined. Indonesia did not learn from the mistakes of 20 years ago when there was sea sand dredging and high export demand so that sea sand dredging was not controlled which caused severe environmental damage which in the end the regulation was revoked by Presidential Instruction Number 2 of 2002. Therefore, the author is interested in researching this problem by relating it to environmental law and maslahah by the opinion of Imam al-Juwayni al-Haramain.
This type of research is library research with descriptive analytical research using a normative juridical approach. The primary legal material used is Government Regulation Number 26 of 2023 concerning Management of Sedimentation Results in the Sea, and secondary materials used in the form of books, journals, or other scientific papers that can provide an explanation of the primary legal material. The research data analysis technique is deductive by using maslahah theory and environmental law as support to answer the problems in the research.
The results of this study indicate that the relevance of maslahah contained in Government Regulation Number 26 of 2023 concerning Management of Marine Sedimentation Results does not reach the life-threatening stage (Daruriyyah), but there is one element in daruriyyah that is of particular concern, namely Guarding Assets (Hifzu Mal). This regulation is only at the Hajiiyah stage because it does not cause severe problems or shocks to human life, but only causes difficulties (masyaqqat). The main relevance is to environmental law where this regulation is considered to endanger coastal communities if this Government Regulation does not get full supervision and it is feared that it can cause more severe environmental damage, especially in coastal areas related to regulations that imply the mining of sea sand, fishermen and residents who live around the coast will feel the impact of sand mining or management of these sedimentation results by miners.
date: 2024-01-09
date_type: published
pages: 139
institution: UIN SUNAN KALIJAGA YOGYAKARTA
department: FAKULTAS SYARI’AH DAN HUKUM
thesis_type: masters
thesis_name: other
citation:   Zulham Mubaraq, S.H, NIM.: 21203012094  (2024) RELEVANSI MASLAHAH DAN HUKUM LINGKUNGAN DALAM PERATURAN PEMERINTAH NOMOR 26 TAHUN 2023 TENTANG PENGELOLAAN HASIL SEDIMENTASI DI LAUT.  Masters thesis, UIN SUNAN KALIJAGA YOGYAKARTA.   
document_url: https://digilib.uin-suka.ac.id/id/eprint/63877/1/21203012094_BAB-I_IV-atau-V_DAFTAR-PUSTAKA.pdf
document_url: https://digilib.uin-suka.ac.id/id/eprint/63877/2/21203012094_BAB-II_sampai_SEBELUM-BAB-TERAKHIR.pdf