TINJAUAN YURIDIS DAN MASLAHAH TERHADAP KONFLIK AGRARIA DI DESA WADAS KECAMATAN BENER KABUPATEN PURWOREJO

Moh Alwi Ismail, NIM.: 19103070066 (2023) TINJAUAN YURIDIS DAN MASLAHAH TERHADAP KONFLIK AGRARIA DI DESA WADAS KECAMATAN BENER KABUPATEN PURWOREJO. Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

Land acquisition for the public interest is an activity of providing land carried out with the aim of carrying out development. The development is expected to fulfill basic needs and improve people's welfare. In order to accelerate the development, President Jokowi issued Presidential Regulation No. 3/2016 on state strategic projects (PSN). One of the strategic state projects launched by the government is the construction of the Bener Dam located in Central Java. In the implementation of this project, there are still obstacles related to land acquisition carried out in Wadas Village for mining where mining is carried out to meet the material needs of dam construction. There was rejection by villagers who were worried about the impact that the mining activities could have, causing agrarian conflicts. Some parties also consider that the land acquisition mechanism carried out for mining in Wadas Village is not in accordance with the land acquisition law. This research aims to analyze agrarian conflicts that occur in Wadas Village, analyze land acquisition carried out in Wadas Village through the perspective of the Law. And this research will also discuss the benefit side considering the impact of mining will damage productive land that has been the livelihood of villagers. In this research, the author uses empirical juridical research methods. Empirical juridical research is legal research related to the enactment or implementation of normative legal provisions in action on each specific legal event that occurs in society. Based on the results of the study, it shows that the agrarian conflict in Wadas village occurred because of the rejection by the residents of Wadas village as a form of protection of their living space, besides that there is also a structural conflict in which the regulations used in land acquisition in Wadas village are not in accordance with the Land Acquisition Law. in its implementation there are also principles that are not carried out by the government such as the principle of openness, participatory principles and others. The impact of this mining will also be quite detrimental to residents considering that mining will be carried out on productive land that supports villagers and the location is also an area located in the highlands and is classified as prone to landslides. In addition, the mining can also potentially kill the springs that have been supporting residents. In the Islamic perspective, the purpose of the Sharia (Maqashid Sharia) is to protect religion, soul, mind, property, and offspring or better known as Ushul al-Khams. if Maqashid Sharia is not achieved, it can be said that mining carried out in Wadas Village does not fulfill the benefit.

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