Institutional Repository UIN Sunan Kalijaga YogyakartaIZIN USAHA PERTAMBANG BAGI ORMAS KEAGAMAAN PERSPEKTIF FIQH AL-BI’AH DAN TEORI NEGARA KESEJAHTERAAN (STUDI PERATURAN PEMERINTAH NO. 25 TAHUN 2024)NIM.: 20103060009Raja Akbar Nur MuhammadauthorThe government policy through Article 83A of Government Regulation (PP) No. 25 of 2024, which offers priority Special Mining Business License Areas (WIUPK) to business entities owned by religious mass organizations (ormas), has sparked widespread public debate. On one hand, this policy is viewed as an affirmative action to distribute public wealth; on the other hand, it raises deep concerns regarding ecological degradation, governance imbalances, and the shifting role of religious organizations. This study aims to analyze the policy of granting mining business licenses to religious organizations under PP No. 25 of 2024 from the perspective of Fiqh al-Bī'ah (environmental jurisprudence) and the Welfare State Theory. This study is a qualitative research using a descriptive-analytical library research approach. A normative-legal method was applied by analyzing primary legal materials such as Law No. 4 of 2009 on Mineral and Coal Mining (as amended by Law No. 3 of 2020) and PP No. 25 of 2024, as well as secondary legal sources including books and scientific journal articles. The results of the study show that: First, from the perspective of Fiqh al-Bī'ah, the involvement of religious mass organizations in this extractive industry presents a duality of values. The sharia legitimacy of economic benefit (maslahat) to fund social and religious activities becomes void if the potential ecological damage (mafsadat) is far greater, based on the Islamic legal maxim dar’u al-mafāsid muqaddam ‘alā jalb al-maṣāliḥ (warding off harm takes precedence over acquiring benefits). As moral entities, religious organizations bear a massive theological responsibility as khalīfah fī al-arḍ (vicegerents on Earth) to prevent destruction (fasād) and preserve ecological balance (mīzān). Second, based on the Welfare State Theory, this policy is theoretically valid as a manifestation of Article 33 of the 1945 Constitution through the active role of the state in implementing distributive justice, ensuring that the utilization of natural resources is not monopolized by large corporations. However, the substantive success of this policy heavily relies on the strictness of state oversight, accountability, and transparency in managing mining revenues, so that the benefits are truly felt by the general public and do not fall into the trap of practical political conflicts of interest.340.2 Hukum Perbandingan2026-07-09UIN SUNAN KALIJAGA YOGYAKARTA;FAKULTAS SYARI’AH DAN HUKUMThesis

For work being deposited by its own author: In self-archiving this collection of files and associated bibliographic metadata, I grant Institutional Repository UIN Sunan Kalijaga Yogyakarta the right to store them and to make them permanently available publicly for free on-line. I declare that this material is my own intellectual property and I understand that Institutional Repository UIN Sunan Kalijaga Yogyakarta does not assume any responsibility if there is any breach of copyright in distributing these files or metadata. (All authors are urged to prominently assert their copyright on the title page of their work.)

For work being deposited by someone other than its author: I hereby declare that the collection of files and associated bibliographic metadata that I am archiving at Institutional Repository UIN Sunan Kalijaga Yogyakarta) is in the public domain. If this is not the case, I accept full responsibility for any breach of copyright that distributing these files or metadata may entail.

Clicking on the deposit button indicates your agreement to these terms.