REVIEWING THE CONCEPT OF FIQH AL-BI'AH IN LAW ENFORCEMENT AGAINST ECOCIDE PERFORMERS IN INDONESIA

Resumo

The formulation of environmental fiqh (fiqh al-bi'ah) is essential to do in order to provide a paradigm (the foundation of thinking) and enlightenment that fiqh is not only concerned with ubudiyah and muamalah issues, but fiqh discussions both from the aspect of rules and values must be relevant. With religious principles to the various social realities of life that are constantly evolving, the law against ecocide perpetrators can be enforced. This study aims to analyze and examine the concept of fiqh al-bi'ah in law enforcement against ecocide perpetrators in Indonesia. This research is research in the field of law with a normative juridical approach. In the Nahdlatul Ulama fatwa at the 29th Nahdlatul Ulama Congress in Cipasung Tasikmalaya in 1994, it was stated that "the law on polluting the environment, both air, water, and soil and the balance of the ecosystem if it is dangerous is haram and includes a criminal act (jinayat)." In principle, the enforcement of criminal penalties for ecocide perpetrators is based on two ways, namely: repressive penalties and preventive non-penalties. Al-Maidah verses 32-33 and Law No. 32 of 2009 presumably can be used as a reference for punishment for recalcitrant ecocide perpetrators and are never deterred by existing punishments.