TINJAUAN FIKIH MUAMALAH DAN YURISDIS TERHADAP PERDAGANGAN KREDIT EMISI KARBON (STUDI SISTEM REDD+ DI INDONESIA)

Ahmad Rotsiq A’la, NIM.: 18103080008 (2024) TINJAUAN FIKIH MUAMALAH DAN YURISDIS TERHADAP PERDAGANGAN KREDIT EMISI KARBON (STUDI SISTEM REDD+ DI INDONESIA). Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

Indonesia is a country located below the equator and a densely populated country. As a dense country, Indonesia's development of the industrial sector has increased massively and is followed by uncontrolled emissions that cause environmental problems and increase global warming. Similar cases also occur in various parts of the world, this urgency makes leaders from various countries regularly hold several meetings to discuss environmental pollution. One of the meetings was in Bali called the Bali Action Plan, which discussed reducing greenhouse gas emissions through the concept of REDD+ (Reducing Emissions from Deforestation and Forest Degradation) which is engaged in reducing GHG emissions through forest conservation, land greening, forest management and increasing carbon stocks from forests. Indonesia, with a total recorded forest area of 125.7 million ha or 65.5 percent of the land area, also supports the REDD+ program as a mitigation measure against global warming, where the function of forests is to absorb greenhouse gas emissions and stabilize the climate. The REDD+ system combined with carbon trading is called “offset emisi GRK” as a measure of income in forest management. Special attention is needed in responding to global warming and making clear and thorough regulations for the purpose of climate stability. Carbon trading, in fact, is a new product, needs to be reviewed to determine how it is legal in Islam. The method of collecting data for this research is library research with researchers searching and researching various literature that can be used as a basis for research and types of research using normative juridical methods. The research approach used is descriptive analytical. The results of the study show that from a juridical point of view, the regulatory vision regarding the REDD+ system and carbon trading as a positive law is in line with the country's highest legal authority, the 1945 Constitution where everyone has the right to a good and healthy living environment. And from the perspective of muamalah, forest carbon trading can be categorized into buying and selling/al-bay' and renting/ ijārah with several considerations. It is said to be a sale and purchase when the object of the sale is a mere letter or SPE-GRK and it is said to be ijārah if the act of forest carbon trading is considered an activity to hire the services of the party who owns the forest because the essence of the forest carbon trading contract is the total result of forest carbon sequestration.

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