relation: https://digilib.uin-suka.ac.id/id/eprint/68767/
title: PERSPEKTIF FIKIH BIʻAH DAN GREEN CONSTITUTION TERHADAP UNDANG-UNDANG NOMOR 3 TAHUN 2022 TENTANG IBU KOTA NEGARA
creator: Muhammad Adib Alfarisi, NIM.: 22203012017
subject: 344.04 Hukum Perlindungan Lingkungan
description: After the passing of Law Number 3 of 2022 concerning the Capital City of the  Archipelago (IKN), numerous polemics have arisen, particularly regarding the relocation of  IKN to Penajam Paser Utara, East Kalimantan Province, which has significant  environmental implications. This law is criticized for neglecting constitutional protections  for environmental ecosystems, including the potential disruption of ecological balance, social  life, and the local economy due to deforestation, air pollution, and waste contamination.  Public and environmentalist concerns are growing, as the IKN Law is seen to overlook  ecological aspects and contradict the principles of sustainable development outlined in the  green constitution. Consequently, this study examines how the National Capital City Law  addresses environmental preservation through the regulation of environmental protection  and management, analyzed from the perspectives of the green constitution and fikih bīʻah.  This study is a library-based legal research using a juridical-normative approach, with  a qualitative nature and descriptive analysis techniques. Data collection is based on  secondary data, including primary legal materials such as IKN Law regulations and  environmental protection laws, as well as secondary materials like legal articles and tertiary  sources, including legal dictionaries.  The findings reveal that the regulation of Law No. 3 of 2022 procedurally adheres to  the provisions of the 1945 Constitution for state interests. However, in the environmental  aspect, it leads to ecological disasters that harm communities and disregards constitutional  protections related to environmental preservation. The IKN Law, in alignment with Article  28H and Article 33 Paragraph 4 of the 1945 Constitution, embraces the concept of a green  constitution, which includes principles of environmentally friendly cities, green  transportation, sustainable infrastructure, renewable energy, waste and clean water  management, as well as environmental impact assessments (AMDAL). These principles are  consistent with both national and global agendas concerning climate change and  sustainability. From an Islamic perspective, environmental conservation is a religious  obligation, based on the Qur'an's teachings, which emphasize the importance of preserving  the environment without causing harm. This is embodied in fiqh bīʻah (environmental fiqh),  which seeks to safeguard welfare and prevent damage. Its principles include responsibility  for environmental stewardship (mas'uliyyah), balance of nature (mizan), prohibition of  destruction (ifsad), wise use of natural resources (i'tidal and qana'ah), conservation and  rehabilitation of nature (islah), respect for all living creatures (haqq al-makhluqat), and  protection of water resources. Therefore, the IKN Law integrates sustainability values from  both ecological and ethical-social perspectives, aiming to create an environmentally friendly  city that harmonizes with nature and benefits society.
date: 2024-09-19
type: Thesis
type: NonPeerReviewed
format: text
language: id
identifier: https://digilib.uin-suka.ac.id/id/eprint/68767/1/22203012017_BAB-I_IV-atau-V_DAFTAR-PUSTAKA.pdf
format: text
language: id
identifier: https://digilib.uin-suka.ac.id/id/eprint/68767/2/22203012017_BAB-II_sampai_SEBELUM-BAB-TERAKHIR.pdf
identifier:   Muhammad Adib Alfarisi, NIM.: 22203012017  (2024) PERSPEKTIF FIKIH BIʻAH DAN GREEN CONSTITUTION TERHADAP UNDANG-UNDANG NOMOR 3 TAHUN 2022 TENTANG IBU KOTA NEGARA.  Masters thesis, UIN SUNAN KALIJAGA YOGYAKARTA.