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ANALISIS MAQASHID SYARI’AH DAN SISTEM HUKUM TERHADAP RENCANA PEMBANGUNAN BEKIZART BEACH CLUB DI GUNUNGKIDUL
This research is motivated by the planned development of the Bekizart Beach Club in the karst area of Gunungkidul, which has sparked controversy between investment interests, environmental conservation, and the welfare of local communities. As a region with vital ecological functions and significant socio-cultural value, the project has triggered debates among various stakeholders, including local government, communities, academics, and environmental activists. This study analyzes the issue through two primary theoretical frameworks: Lawrence M. Friedman’s legal system theory and Jasser Auda’s contemporary maqāṣid al-sharī‘ah theory, in order to assess the integration between the effectiveness of positive law and alignment with universal public welfare values. The objectives of this research are: (1) to evaluate the extent to which the structure, substance, and legal culture support or hinder the Bekizart Beach Club development policy, and (2) to examine the policy based on maqāṣid al-sharī‘ah principles, particularly in the dimensions of environmental protection (ḥifẓ al-bī’ah), social justice, and intergenerational sustainability. This research employs a qualitative approach with descriptive-analytical methods, utilizing primary data from interviews and field observations, as well as secondary data from academic literature, regulations, and online media reports. The findings reveal that, from Friedman’s perspective, weaknesses lie in the coordination and capacity of law enforcement institutions, inconsistencies in spatial planning regulations, and the low level of community participation in decision-making processes. From Auda’s perspective, the policy potentially contradicts the principles of public welfare, as it overlooks the sustainability of the karst ecosystem, creates risks of economic injustice, and threatens the rights of future generations to a healthy environment. The integration of both theories underscores that public policy evaluation should not rely solely on compliance with positive law but must also consider moral legitimacy and substantive justice
FAKULTAS SYARIAH DAN HUKUM, UIN SUNAN KALIJAGA YOGYAKARTA
ANALISIS MAQASHID SYARI’AH DAN SISTEM HUKUM TERHADAP RENCANA PEMBANGUNAN BEKIZART BEACH CLUB DI GUNUNGKIDUL (Text)
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