Studi Kritis Terhadap Undang-Undang Nomor 32 Tahun 2009 Tentang Perlindungan dan Pengelolaan Lingkungan Hidup Perspektif Fiqh Al-bi’ah

Abstract

Today's more complex environmental issues require more adequate law products to respond the complexities. Environmental law, all from the substance of law material, law enforcement, up to law enforcers and public society, all have shares in order to format and create an ideal environment. Environmental issues in Indonesia as one of the developing countries are visible from all areas of environmental law, such as administrative law, civil law and criminal law, as well as from legal culture which is not "environmentally friendly" with the low levels of environmental awareness, which is generally seen from the licensing process as the initial act that is often underestimated as something insignificant and become problematic so that impacts on the legal consequences that affect long later and somehow difficult to repair. Islam is not telling nothing about environmental issues, and even Islam gives as big attention as to other life issues, as there is a fiqh product that focuses on environmental issues. Islam, in this case fiqh al-bi'ah combines theology, anthropology, and cosmology simultaneously, in which human’s behaviors and actions noticed and regulated in such way their relation with their God, their relationship with other human beings as co-inhabitants and beneficiaries from the environment, and their relationship with the environment itself as well. All these human relationships are based on the status of human as caliph (khalifah) on earth and mukallaf, with the gift of mind granted to human. As a study with qualitative model that based on literature sources, in this study done the reading of Law no. 32 of 2009 on Environmet Protection and Management, both in the enforcement idealism and the factual reflection of its weaknes, which can be known from many kinds related written sources such as laws and regulations as well as reports and news about the issues. In this regard, fiqh as the law or guidelines regulating the various ordinances of human life must also be responsive to those environmental problems. Furthermore, the author offers an idea of fiqh al-bi'ah in effort to answer the issues related to environmental protection and management. This is so that with the existence of fiqh al-bi'ah becoming familiar in the ear of society can grow and increase environmental awareness, so that all parts of society including government can show "friendliness" acts towar the environment they are living.