LAW POLITICS OF PEOPLE'S MINING BASED ON MAQASHID SYARIAH'S WELFARE AND SOCIAL JUSTICE VIEWPOINT

Abstract

Establishing a national law, particularly one pertaining to mining, that can ensure the legal Protection of small-scale miners' rights is a critical issue that needs to be addressed right away in Indonesia. Are there protection guarantees based on welfare and social justice in the people's mining law policy? From a maqashid shariah perspective, how does the legal system of people's mining give guarantees of protection based on welfare and social justice? Using a statutory approach, historical approach, conceptual approach, and prophetic approach, this work is normative legal research (an approach based on text instruments that are sourced from revelations received by prophets and apostles as well as sunnah). The first finding is that Law No. 4 of 2009 covering mining for minerals and coal does not explicitly define the term of people's mining because the legal politics of mining has not provided legal guarantees for people's mining as mandated by the 1945 Constitution of the Republic of Indonesia and Pancasila. The second finding on the position of people's mining in maqashid shariah is that one of the principles of maintaining property, namely hifdz al-mal, is by maintaining mining land and managing it. Protecting the environment is part of maqashid shariah, namely maintaining the survival of living things for security and peace of mind of hifdznafs.