JURNAL HUKUM ISLAM
Vol 19 No 2 (2021)

The Controversy of Water Resources Legislation in Indonesia: an Islamic Constitutional Law Approach

Ija Suntana (UIN Sunan Gunung Djati Bandung)

Article Info

Publish Date
09 Dec 2021

Abstract

This study aims to explain the protracted water legislation controversy in Indonesia. Any birth law on water resources always raises the pros and cons of the Indonesian people. This study is descriptive-analytical research, with a socio-political, juridical normative, and doctrinal approach. This study finds that the cause of the controversy over water legislation in Indonesia is that references of legislation do not stand on a solid concept, as conceptualized in the Islamic constitutional law, namely meaning of the legal text, social realities, proportional between maslahat and mafsadat, the priority of content rules and law changes.

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Journal Info
JURNAL HUKUM ISLAM
Website

Abbrev

jhi

Publisher

Institut Agama Islam Negeri Pekalongan

Subject

Religion Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Jurnal Hukum Islam (JHI) (ISSN: 1829-7382 and E-ISSN: 2502-7719) is a peer-reviewed journal published biannually (in June and December) by the Faculty of Sharia, Institut Agama Islam Negeri Pekalongan, Indonesia. The journal specializes in Islamic law studies, including Islamic family law, Islamic ...