PUTUSAN PENGADILAN NEGERI SLEMAN NOMOR 130/PID.SUS/LH/PN/SLMN TENTANG PENCEMARAN LINGKUNGAN (ANALISIS TEORI PERTIMBANGAN HAKIM DAN MAQASID SYARI’AH)

Faruq Alawy Hudaya, NIM.: 19103060015 (2023) PUTUSAN PENGADILAN NEGERI SLEMAN NOMOR 130/PID.SUS/LH/PN/SLMN TENTANG PENCEMARAN LINGKUNGAN (ANALISIS TEORI PERTIMBANGAN HAKIM DAN MAQASID SYARI’AH). Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

The environment becomes a place for humans, animals, and plants to live. Protecting the environment is as important as maintaining the survival of living things. In Indonesian Law, environmental protection and management is regulated in Law Number 32 of 2009 concerning Environmental Protection and Management. It is hoped that with this law, the risk of pollution and environmental destruction can be prevented. On Monday, August 8, 2016, the Judge of the Sleman District Court issued a decision Number 130/Pid.Sus/LH/PN/Slmn regarding environmental pollution which essentially imposed a penalty against the defendant based on the first subsidiary charge due to the actions of the perpetrator who was proven to have accidentally committed pollution and charged the defendant to pay the costs of the case. This study aims to determine the legal basis and judges' considerations underlying the decision 130/Pid.Sus/LH/PN/Slmn to then be analyzed using the perspective of Judge Consideration theory and Maqa>s}id Syari>'ah. The type of research used in this study is library research and field research and uses descriptive methods of analysis and also uses a case approach as a research approach method. Furthermore, the data collection used in this study used literature methods in the form of primary and secondary data and interview methods to the Sleman District Court Judge. The results of this study show that one of the elements of Maqa>s}id Syari>’ah used in analyzing the decision of the Sleman District Court Number 130/Pid.Sus/LH/PN/Slmn, namely safeguarding the soul (h}ifz} al-Nafs) rejected the results of the decision, while the element of guarding property (h}ifz al-Ma>l) did not reject it. Then the analysis of the judge's consideration theory from Mckenzie's thoughts which was also used as an analytical knife in dissecting the decision of the Sleman District Court Number 130/Pid.Sus/LH/PN/Slmn concluded that the balance theory approach did not reject, while the ratio decidendi theory rejected it.

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