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All Journal Al-Daulah : Jurnal Hukum dan Perundangan Islam Tahqiqa: Jurnal Pemikiran Hukum Islam
Muh Alghifari
Unknown Affiliation
Law, Crime, Criminology & Criminal Justice Social Sciences

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REKONTRUKSI MAQASID SYARIAH DALAM PENGELOLAAN PERTAMBANGAN UNTUK MEWUJUDKAN WELFARE VILLAGE DI INDONESIA Muh Alghifari; Muhammad Afdal Amirullah; Kurniati
Jurnal Tahqiqa : Jurnal Pemikiran Hukum Islam Vol. 20 No. 1 (2026): Januari
Publisher : Sekolah Tinggi Ilmu Syariah Al-Hilal Sigli Aceh- Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61393/tahqiqa.v20i1.476

Abstract

This study aims to analyze mining management through the reconstruction of maqasid sharia in order to realize sustainable mining governance and formulate a welfare village implementation model as a solution to the negative impacts of mining in Indonesia. The research method used is library research with a normative juridical approach and sharia theology, analyzing laws and regulations, maqasid sharia literature, mining journals, and government data related to mining. The results of the study indicate that current Indonesian mining management causes more environmental damage, social conflict, and economic inequality than benefits, with regulations that tend to benefit certain interests and ignore the people's maslahah. The reconstruction of maqasid sharia in the mining context includes expanding the classical meaning into four principles: hifz al-mal (distributive justice of mining results), hifz al-bi'ah (environmentally friendly mining), hifz al-'umran (village sustainable development), and hifz al-nafs wa al-sihhah (public health protection). The study's conclusion proposes a welfare village model as an implementation of the reconstruction of the maqasid sharia (Islamic principles) that integrates economic, social, and environmental values ​​through CSR-Maqasidiyyah instruments, local sharia institutions, and maqasid-based audits. This model shifts the paradigm of mere extraction to the development of sustainable collective benefits, placing the community as the primary subject of welfare while maintaining a balance between economic, humanitarian, and ecological interests.
Loss of Citizenship in the Decision in Case No. 56-K/PM.II-08/AL/IV/2023: A Perspective from Islamic Constitutional Law Muh Alghifari; Nuraiman; Muh Faturahman; Kurniati
Al-Daulah: Jurnal Hukum dan Perundangan Islam Vol. 15 No. 2 (2025): October
Publisher : Department of Constitutional Law, Faculty Sharia and Law, UIN Sunan Ampel Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15642/ad.2025.15.2.295-327

Abstract

This study examines the issue of the loss of Indonesian citizenship in the case of Satria Arta Kumbara by highlighting the tension between military law, citizenship law, and the principle of justice. The main questions posed are whether the mechanism of automatic loss of citizenship and the application of in absentia proceedings have met the principle of justice, and how the perspective of Islamic constitutional law can provide a foundation for reform. Ths study addresses a potential gap in the literature by examining a military court decision from the perspective of Islamic constitutional law. This study employs a normative legal method using a statutory approach to examine citizenship provisions and military justice, a case-based approach to Decision No. 56-K/PM. II-08/AL/IV/2023, and a conceptual approaches, as well as an integrative analysis of digital content. The findings show that although Article 23 of Law No. 12 of 2006 provides a legal basis for the automatic loss of citizenship, its implementation may not fully ensure substantive justice or adequate opportunities for clarification. Similarly, in absentia proceedings in desertation cases are legally justified but raise concerns about defendants' rights and the enforcement of judgments. From the perspective of Islamic constitutional law, the principle of amanah (trust). justice, shura (consultation), and maslahah (public interest) highlight the need for more transparent and fair citizenship procedures. 
Co-Authors Kurniati Kurniati Kurniati Linda Oktaviana Muh Faturahman Muhammad Afdal Amirullah Nuraiman Nurul Safitri