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All Journal JURNAL CENDEKIA HUKUM Al Huquq : Journal of Indonesian Islamic Economic Law
Diyan Isnaeni
Universitas Islam Malang
Religion Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

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LEGAL POLICY ON PREVENTING ENVIRONMENTAL DAMAGE TO PEATLANDS IN THE CONTEXT OF ACHIEVING SUSTAINABLE DEVELOPMENT Ambok Asse; Sunardi Sunardi; Diyan Isnaeni
JCH (Jurnal Cendekia Hukum) Vol 11, No 1: JCH (JURNAL CENDEKIA HUKUM)
Publisher : LPPM STIH Putri Maharaja

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33760/jch.v11i1.1294

Abstract

Peatland management has become a crucial issue, and it is necessary to examine the complexity of peatland issues through research that prioritizes environmental protection. The research method used in this study is normative research (doctrinal legal research). The data collection technique used is a literature study. The data obtained was analysed qualitatively and normatively. The findings indicate that there are numerous regulations governing peatlands, ranging from the most general to the most specific. However, the implementation of these regulations remains uneven, as evidenced by the continuing damage to the peatland environment. There is a need for firm legal action, both in terms of normative and administrative regulations. The political configuration of law in preventing environmental damage to peatlands can be realised through sustainable development. Nevertheless, a democratic political configuration of law is needed, imposing restrictions on government actions to protect individuals and groups, with the aim of safeguarding indigenous peoples or communities that already have systems and regulations in place for their environment. The direction of legal policy in efforts to prevent environmental damage to peat ecosystems can be through explicit regulations, providing certainty to indigenous peoples through the Indigenous Peoples Act, agrarian reform, and stopping the seizure of peatlands in the name of whatever it may be.
Reconstruction of Forest Area Land Tenure in the Perspective of Maqashid Sharia (Hifz Al-Mal) in Ngadirenggo Village, Wlingi District, Blitar Regency Rizky Rendyana Firmansyah; Diyan Isnaeni; Moh. Muhibbin
Al-Huquq: Journal of Indonesian Islamic Economic Law Vol. 7 No. 2 (2025): on Progress
Publisher : Fakultas Syariah IAIN madura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19105/alhuquq.v7i2.24151

Abstract

Conflicts over forest land ownership in Indonesia continue to recur due to the lack of synchronization between the agrarian and forestry regimes. This overlapping authority creates legal uncertainty and impacts the protection of the economic rights of communities living in and around forest areas. This situation occurs in Ngadirenggo Village, Wlingi District, Blitar Regency, where tensions between the community and Perhutani regarding the control and utilization of forest crops continue. This study aims to analyze the legal regulations for forest land ownership based on applicable laws and regulations in Indonesia and reconstruct its ownership policy from the perspective of maqashid sharia, specifically hifz al-mal, to support sustainable development in Ngadirenggo Village. The study used an empirical juridical method with a qualitative descriptive approach to examine the process of law working in society. The results of the study indicate that regulations on land ownership in forest areas have not been harmoniously integrated, giving rise to policy dualism and prolonged conflict. Policy reconstruction is directed at strengthening the recognition of local community rights, harmonizing agrarian and forestry regulations, strengthening land ownership resolution mechanisms, and orienting policies towards sustainable development that balances economic, social, and environmental aspects. In the perspective hifz al-mal, the policy update emphasizes certainty and protection of the results of community efforts without ignoring the sustainability of the ecological function of forest areas. The academic contribution of this article lies in integrating the maqashid sharia approach, particularly hifz al-mal, into the discourse of forest land governance and sustainable development, offering a conceptual framework for harmonizing agrarian and forestry policies while strengthening legal protection for local communities in forest areas
Co-Authors Ambok Asse Moh. Muhibbin Rizky Rendyana Firmansyah Sunardi Sunardi