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Regulatory Capacity of Local Governments in Resolving Contemporary Environmental Disputes through Integrated Restorative Approaches and Civil Governance Mechanisms Moh. Mujibur Rohman; Patria Adiguna; Arvy N. Osma
Green Social: International Journal of Law and Civil Affairs Vol. 1 No. 3 (2024): International Journal of Law and Civil Affairs
Publisher : International Forum of Researchers and Lecturers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70062/greensocial.v1i3.257

Abstract

This study explores the effectiveness of restorative and civil governance models in resolving environmental disputes at the local government level. As environmental conflicts become more complex and widespread, traditional legal approaches often fail to provide quick, sustainable solutions. Restorative governance models, which prioritize community involvement, collaboration, and the restoration of relationships, offer a promising alternative to adversarial legal proceedings. The research combines policy analysis and semi-structured interviews with local government officials, mediators, and community representatives to assess the implementation and outcomes of these models in real-world contexts. Findings indicate that restorative practices, when integrated with civil governance mechanisms, significantly reduce dispute resolution times (a 40% improvement) and enhance community satisfaction compared to traditional litigation processes. These models foster a more inclusive and cooperative environment, ensuring that all stakeholders, including local communities, are actively involved in decision-making processes. However, challenges such as legal framework rigidity, political pressures, and resource limitations still impede the widespread adoption of restorative practices. The study concludes with recommendations for integrating restorative approaches into local environmental policies, advocating for legal reforms and enhanced resource allocation to support these methods. Limitations of the study include its regional focus and the need for broader, longitudinal research to assess the scalability of restorative and civil governance models across different geographic contexts and environmental issues.
Mengejawantahkan Metode Istimbath Al-Ahkam Berbasis Maqāshid Al-Syarī’ah Dalam Menjawab Persoalan Kekinian Moh. Mujibur Rohman; Rohman Rohman; Taufikurrahman Taufikurrahman
Qisth : Jurnal Studi dan Penelitian Hukum Islam Vol. 3 No. 1 (2026)
Publisher : Institut Agama Islam Miftahul Ulum Pamekasan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36420/tb1tze58

Abstract

The development of the era marked by the complexity of social, cultural, economic, and technological issues requires a re-reading of the sharia arguments to keep them relevant and contextual. Contemporary issues are often not found explicitly in the texts of the Qur'an and al-Sunnah, so a methodological approach is needed that can bridge the gap between normative texts and empirical reality. In this context, maqāṣid al-syarī‘ah becomes an important conceptual framework for realizing the sharia arguments substantively and oriented towards the welfare of the people. This approach emphasizes that the main objective of sharia is to maintain and realize the fundamental values ​​of human life, such as justice, humanity, and the public welfare. The problem formulation in this article includes: how the concept of maqāṣid al-syarī‘ah can be used as an approach in understanding and realizing the sharia arguments; and to what extent the maqāṣid approach is able to provide solutions to contemporary problems without ignoring the authority of sharia texts. The purpose of writing this article is to analyze the urgency of maqāṣid al-syarī‘ah as a paradigm of contemporary ijtihad, and explain its role in responding to the challenges of Islamic law in the modern era in a proportional and responsible manner. The research methodology used is normative Islamic law research with a conceptual approach and a philosophical approach. Data sourced from primary legal materials in the form of the Qur'an and al-Sunnah, as well as secondary legal materials in the form of works of classical and contemporary scholars who discuss maqāṣid al-syarī‘ah and ushul fiqh. Data analysis was conducted qualitatively-descriptively with an emphasis on deductive reasoning to draw conclusions regarding the relevance and implementation of sharia arguments based on maqāṣid al-syarī‘ah in addressing contemporary problems.
Analysis of Muhammad Baqir al-Sadr's Thoughts on Daya Anagata Nusantara (DANANTARA) as a Sovereign Wealth Fund (SWF) Tamam, Badrud; Moh. Mujibur Rohman; Iskandar, Iskandar; Ilhamiwati, Mega; Faizah, Siti inayatul
Lan Tabur: JURNAL EKONOMI SYARIAH Vol. 7 No. 2 (2026): (March)
Publisher : LAN TABUR: Jurnal Ekonomi Syariah The Islamic University of KH. Achmad Muzakki Syah Jember, East Java. Jember Jln. Manggar Gebang Poreng 139A Patrang Jember Jawa Timur

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53515/lt.v7i2.156

Abstract

The establishment of Daya Anagata Nusantara (DANANTARA) as Indonesia's Sovereign Wealth Fund (SWF) reflects the country's efforts to optimize the management of strategic assets to support long-term development and national economic stability. Amidst the dominance of the global capitalist paradigm that emphasizes capital accumulation and market efficiency, an alternative framework of thinking is needed to ensure that SWF management remains oriented towards social justice and public welfare. In this context, the economic thinking of Muhammad Baqir al-Sadr is relevant to examine, particularly his ideas on the concept of public ownership, the role of the state as a representative of the people, and the rejection of exploitation and the accumulation of wealth by a small elite. This article focuses on a conceptual analysis of the relationship between al-Sadr's economic thinking and the characteristics of DANANTARA as an SWF in the context of the Indonesian economy. The purpose of this study is to identify the extent to which Muhammad Baqir al-Sadr's thinking can provide a normative and critical basis for the equitable management of DANANTARA as an SWF. The research methodology used is qualitative research with a normative-philosophical approach through a literature study of al-Sadr's works, Islamic economic literature, and regulations and policy documents related to SWFs in Indonesia. The results of the study show that the principles of public ownership and state responsibility in al-Sadr's perspective are in line with the objectives of establishing DANANTARA, as long as its management is not solely profit-oriented, but rather focused on the fair and sustainable distribution of economic benefits. Thus, al-Sadr's thinking has the potential to become an ethical framework in directing DANANTARA as an SWF that favors the public interest.