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PROBLEMATIKA UNDANG- UNDANG NOMOR 2 TAHUN 2025 TENTANG PERTAMBANGAN MINERAL DAN BATUBARA
The enactment of Law Number 2 of 2025 concerning Mineral and Coal Mining has sparked fundamental polemics in natural resource governance in Indonesia. This regulation is considered problematic due to its expedited formation process and its substance, which grants licensing privileges to new entities such as civil society organizations (CSOs) and universities. This study aims to uncover these problems by dissecting the legal political configuration behind its formation, analyzing the socio-ecological implications it causes, and reviewing its moral validity from the perspective of Islamic law. The research focuses on three aspects: the problematic configuration of legal politics, the implications of hegemony and environmental impact, and a critical review of Maqashid Shariah. This study is a normative legal research with a descriptive-analytical nature. The author employs statute, conceptual, and historical approaches. Data were analyzed using three theoretical frameworks: Mahfud MD's Legal Policy Theory to dissect the legislative process, Political Ecology Theory to uncover power relations, and Jasser Auda's Maqashid Shariah Systems Theory to test legal morality. The results indicate three main findings. First, the formation process of Law No. 2 of 2025 reflects political authoritarianism which produces an orthodox legal product. Executive dominance and the suppression of public participation have turned the law into a mere instrument of power (law as a tool of political power). Second, the priority licensing policy for CSOs and the involvement of universities create actor hegemony through co-optation politics, which implies the marginalization of local communities and the escalation of horizontal conflicts. Third, from the perspective of Maqashid Shariah, this law suffers from disorientation of purpose and is considered morally flawed. The absence of an auction mechanism violates the principle of justice (al-‘adalah), while the involvement of religious and educational institutions in extractive businesses threatens intellectual integrity (hifz al-aql) and religious dignity (hifz ad-din), thus failing to realize the public good (maslahah ammah).
FAKULTAS SYARIAH DAN HUKUM, UIN SUNAN KALIJAGA YOGYAKARTA
NIM.: 22103070065 Muhammad Taufik Sasono
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