%A NIM.: 22103060033 Dhea Najwa Imaniar
%O Surur Roiqoh, M.H.
%T PEMBERIAN IZIN USAHA PERTAMBANGAN KHUSUS (IUPK) KEPADA BADAN USAHA MILIK ORGANISASI KEMASYARAKATAN KEAGAMAAN: (Perspektif Politik Hukum dan Siyasah Dusturiyyah)
%X The priority granting of Special Mining Business Licenses (IUPK) to business entities owned by religious community organizations constitutes a new policy in natural resource management that raises issues concerning the regulatory mechanism, the direction of legal policy, and its conformity with the principles of public benefit (maṣlaḥah) in Islamic law. 

This study aims to analyze the regulatory mechanism for granting IUPK to business entities owned by religious community organizations and to examine the policy from the perspectives of legal politics and Siyāsah Dustūriyyah. This study constitutes normative legal research using a descriptiveanalytical library research method, employing a statutory approach (statute approach) and a conceptual approach (conceptual approach). The legal materials consist of primary legal materials in the form of legislation and official state documents, as well as Islamic legal sources in the form of fiqh literature, and secondary legal materials comprising books, journals, research findings, and other relevant scholarly works. 

The results of the study show that the granting of IUPK to business entities owned by religious community organizations is carried out through a conditional priority mechanism for the granting of Special Mining Business Areas (WIUPK), with its regulatory framework developing through Government Regulation Number 25 of 2024, Law Number 2 of 2025, and Government Regulation Number 39 of 2025. From the perspective of legal politics, the policy has a hybrid character, being selectively responsive to the interests of certain social groups, while its formation and implementation continue to demonstrate a centralized tendency with a relatively strong executive role. From the perspective of Siyāsah Dustūriyyah, the policy of granting IUPK to business entities owned by religious community organizations constitutes maṣlaḥah mursalah because there is no specific legal evidence regulating such a policy, while its objectives of economic empowerment, strengthening organizational independence, and generating public benefit can be related to the objectives of Islamic law. Based on the five maqāṣid al-syarī‘ah of Imam al-Ghazālī, the policy has the potential to realize ḥifẓ al-dīn, ḥifẓ al-‘aql, and ḥifẓ al-māl, but must also ensure the protection of ḥifẓ al-nafs and ḥifẓ al-nasl. Therefore, the benefit of the policy is conditional and depends on the fulfillment of the principles of justice, transparency, accountability, and the broad distribution of benefits derived from natural resources to society.
%K IUPK; religious community organizations; legal politics; Siyasah
Dusturiyyah; maṣlaḥah mursalah.
%D 2026
%I UIN SUNAN KALIJAGA YOGYAKARTA
%L digilib79906