Perusakan Prasarana Sumber Daya Air dalam Perspektif Hukum Pidana Islam

Water is a renewable natural resource that has a vital role in life and sustainable development, especially in the agricultural sector. The existence and feasibility of water resources infrastructure, such as irrigation canals and dams, determine the welfare of the community. The act of destroying this infrastructure, as happened in Toba Regency, North Sumatra, is included in the criminal offense as stipulated in Article 69 letter (d) of Law Number 17 of 2019 concerning Water Resources. This research uses a normative juridical approach to examine the elements of the criminal offense in the article and review it from the perspective of Islamic criminal law. The results of the study show that the elements of the crime, such as intent, act, effect, and object of damage, are in line with the concept of jarimah in Islamic law, especially the ta'zīr category. Destruction of water infrastructure is seen as a form of ifsād fī al-ardh that harms the public good. The sanctions of imprisonment and fines in positive law are also shar'i relevant, as long as they are applied fairly and proportionally. In conclusion, both national law and Islamic criminal law agree that the protection of water resources infrastructure is an obligation that must be upheld to ensure social justice, environmental protection, and people's rights to water.

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Publication Details

Journal
Jurnal Antologi Hukum
Published
2025-07-20
DOI
https://doi.org/10.21154/antologihukum.v5i1.5132
Primary Topic
Legal Studies and Policies
Type
article
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article

Perusakan Prasarana Sumber Daya Air dalam Perspektif Hukum Pidana Islam

Deden Najmudin, Ryan Pebriansyah, Aziz Sholeh
Jurnal Antologi Hukum
Legal Studies and Policies
article

Perusakan Prasarana Sumber Daya Air dalam Perspektif Hukum Pidana Islam

Deden Najmudin, Ryan Pebriansyah, Aziz Sholeh
article en

Abstract

Water is a renewable natural resource that has a vital role in life and sustainable development, especially in the agricultural sector. The existence and feasibility of water resources infrastructure, such as irrigation canals and dams, determine the welfare of the community. The act of destroying this infrastructure, as happened in Toba Regency, North Sumatra, is included in the criminal offense as stipulated in Article 69 letter (d) of Law Number 17 of 2019 concerning Water Resources. This research uses a normative juridical approach to examine the elements of the criminal offense in the article and review it from the perspective of Islamic criminal law. The results of the study show that the elements of the crime, such as intent, act, effect, and object of damage, are in line with the concept of jarimah in Islamic law, especially the ta'zīr category. Destruction of water infrastructure is seen as a form of ifsād fī al-ardh that harms the public good. The sanctions of imprisonment and fines in positive law are also shar'i relevant, as long as they are applied fairly and proportionally. In conclusion, both national law and Islamic criminal law agree that the protection of water resources infrastructure is an obligation that must be upheld to ensure social justice, environmental protection, and people's rights to water.

Jurnal Antologi HukumVol. 5(1)
Sunan Gunung Djati State Islamic University Bandung (ID)
Openalex Percentile: Top 71%
Legal Studies and Policies
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Perusakan Prasarana Sumber Daya Air dalam Perspektif Hukum Pidana Islam — Deden Najmudin, Ryan Pebriansyah, et al. · Jurnal Antologi Hukum (2025) | TGRS Research Map | TGRS