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PERSPEKTIF FIKIH BIʻAH DAN GREEN CONSTITUTION TERHADAP UNDANG-UNDANG NOMOR 3 TAHUN 2022 TENTANG IBU KOTA NEGARA
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.
FAKULTAS SYARI’AH DAN HUKUM, UIN SUNAN KALIJAGA YOGYAKARTA
NIM.: 22203012017 Muhammad Adib Alfarisi
PERSPEKTIF FIKIH BIʻAH DAN GREEN CONSTITUTION TERHADAP UNDANG-UNDANG NOMOR 3 TAHUN 2022 TENTANG IBU KOTA NEGARA (Text)
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