%A NIM.: 22103070112 Kristiawan Putra Nugraha
%O Dr. Ahmad Yani Anshori, M.Ag.
%T PENANGANAN PERMASALAHAN PEMBANGUNAN PAGAR LAUT DI KABUPATEN TANGERANG: SEBAGAI UPAYA PEMENUHAN KEWAJIBAN PEMERINTAH DALAM MELINDUNGI WILAYAH PESISIR
%X The construction of a sea fence in the administrative area of Tangerang Regency has triggered an escalation of multidimensional conflict encompassing social, ecological, and legal aspects. This phenomenon represents a sharp contradiction between the orientation of infrastructure development and the urgency of protecting coastal areas as living space entities (lebensraum) for fishing communities. Substantially, this problem not only reflects deviations from spatial planning regulations and coastal governance but also indicates a deficit in fulfilling the state's obligation to protect the rights of coastal communities who are highly vulnerable. This study aims to deconstruct the conflict surrounding the construction of the sea fence through an analytical tool of the Maqasid al-Shari'ah Theory from the perspective of Imam al-Shāṭibī and the Legal System Theory from Lawrence M. Friedman. The aim is to evaluate the effectiveness and consistency of the government in implementing its obligation to protect coastal areas.
This research applies an empirical juridical method with a qualitative paradigm. Primary data were collected through field observations at the location of the sea fence construction and in-depth interviews with authoritative stakeholders, including the Ministry of Agrarian Affairs and Spatial Planning/BPN, the Ministry of Maritime Affairs and Fisheries, and the Tangerang Regency Fisheries Service. The data were then synchronized with secondary data through a literature review of positive legal norms. The data analysis technique used a descriptive-analytical approach to dissect the gap between das Sollen (legal norms) and das Sein (empirical reality).
The results of the study indicate that the discourse on the construction of sea fences in Tangerang Regency reflects a systemic disharmony between the legal substance, the structure of law enforcement, and the legal culture of the community. From the perspective of Maqaṣid al-Shari‘ah at the ḍaruriyyat level, the existence of sea fences has the potential to degrade the protection of life (ḥifẓ al-nafs), property (ḥifẓ al-mal), as well as the social, economic, and cultural stability of fishermen, thus being considered contradictory to the essence of sharia in realizing the benefit (maṣlaḥah) and reducing harm (mafsadah). In conclusion, this study confirms that the government's authority to protect coastal areas has not been optimally and fairly actualized. Policy reconstruction, strengthening of the supervisory function, and law enforcement based on distributive justice are needed to realize sustainable coastal governance.
%K Kewajiban Pemerintah, Pagar Laut, Maqasid al-Syariah, Sistem Hukum
%D 2026
%I UIN SUNAN KALIJAGA YOGYAKARTA
%L digilib75532