PRAKTIK PENAMBANGAN TANAH MATI OLEH MASYARAKAT PULAU BAWEAN (TINJAUAN YURIDIS, NORMATIF DAN FILOSOFIS)

Ahmad Fathorrozi, NIM.: 20203012073 (2022) PRAKTIK PENAMBANGAN TANAH MATI OLEH MASYARAKAT PULAU BAWEAN (TINJAUAN YURIDIS, NORMATIF DAN FILOSOFIS). Masters thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

Possession of free property that has not been controlled or owned by the other party. In reality in society often researchers look at land mining practices. However, these activities caused a lot of unrest for some other people. With the formulation of the problem: (1) What is the practice of mining dead land on Bawean Island?; (2) What is the normative, juridical, and philosophical review of dead land mining on Bawean Island?. This research is a field research that is a qualitative type of research with empirical juridical properties. Mixed data collection methods are libraries and fields sourced from observations, interviews, and documentation. The analysis method used in this study is descriptive analysis with a deductive thinking pattern. The practice of mining dead land by the people of Bawean Island has been mapped. Such as mining sand for building construction materials (manila sand), then there are rocks that can be used for building construction materials (split stones). Both objects are stored in the ground and become property for the community, because they have a fairly expensive selling value, with the price of 1 pickup can reach Rp. 250,000 to Rp. 350,000. The results of this study conclude three views: first, Mining on Bawean Island is a violation of the law. This is because the mining activities of the Bawean people do not have a permit and are not in accordance with statutory provisions. Second, in view of Islamic Law mining on Bawean Island is not permissible. This is because the majority of scholars' think that mining is shared property, thus no one has the right to control it. Third, in Maslahah's view, the traditional form of mining by the people of Bawean Island is permissible. Because the practice of mining has more benefits for the people of Bawean Island.

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