<b>Legal Framework Model for Sustainable Solid Waste Management in Indonesia: A Contemporary Environmental <i>Fiqh</i> Perspective</b>

Indonesia faces a severe solid waste crisis, with more than 60 million tons generated annually. Weak law enforcement and insufficient fiscal support—regional budget allocations averaging only 0.6–1% of APBD, far below the 3% benchmark—have further exacerbated the problem. This study aims to develop an integrative legal framework for sustainable waste management that harmonises national environmental law with contemporary Islamic environmental jurisprudence (fiqh al-biʾah). Methodologically, the research employs a systematic review and doctrinal–normative analysis. Data were collected and classified from national statutes, government regulations, regional bylaws, and peer-reviewed literature, as well as case studies from Surabaya, Banyumas, and DKI Jakarta. These materials were then analysed through the lens of uṣūl al-fiqh and qawāʿid fiqhiyyah, including the maxims lā ḍarar wa lā ḍirār, maṣlaḥah ʿāmmah, ḥifẓ al-biʾah, and the principle of istikhlāf. The findings reveal three critical gaps. First, underfunding hinders early-warning systems and sustainable infrastructure. Second, the absence of faith-based fiscal tools—such as Green Zakat and Eco-Waqf—limits financing capacity and raises questions of compatibility with APBN/APBD structures and formal zakat institutions. Third, regulatory disharmony between central and regional authorities undermines effective coordination. This study proposes a holistic model that mandates a minimum 3% APBD allocation, institutionalises Islamic green finance mechanisms, and scales up municipal innovations such as Surabaya’s community-based 3R programs. It also highlights the socio-political dynamics affecting the acceptance of religiously informed legal frameworks. The novelty of this research lies in embedding fiqh al-biʾah into positive law and policy instruments, offering a faith-grounded yet implementable roadmap for Indonesia’s sustainable waste governance.

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Publication Details

Journal
MILRev Metro Islamic Law Review
Published
2025-09-01
DOI
https://doi.org/10.32332/milrev.v4i2.11104
Primary Topic
Indonesian Legal and Regulatory Studies
Type
article
Field-Weighted Citation Impact
0.00

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article

Legal Framework Model for Sustainable Solid Waste Management in Indonesia: A Contemporary Environmental Fiqh Perspective

Maskun Maskun, Asriyani Asriyani, Ratnawati Ratnawati, Jamal Aslan et al.
MILRev Metro Islamic Law Review
Indonesian Legal and Regulatory Studies
article

Legal Framework Model for Sustainable Solid Waste Management in Indonesia: A Contemporary Environmental Fiqh Perspective

Maskun Maskun, Asriyani Asriyani, Ratnawati Ratnawati, Jamal Aslan, Wiranti
article en

Abstract

Indonesia faces a severe solid waste crisis, with more than 60 million tons generated annually. Weak law enforcement and insufficient fiscal support—regional budget allocations averaging only 0.6–1% of APBD, far below the 3% benchmark—have further exacerbated the problem. This study aims to develop an integrative legal framework for sustainable waste management that harmonises national environmental law with contemporary Islamic environmental jurisprudence (fiqh al-biʾah). Methodologically, the research employs a systematic review and doctrinal–normative analysis. Data were collected and classified from national statutes, government regulations, regional bylaws, and peer-reviewed literature, as well as case studies from Surabaya, Banyumas, and DKI Jakarta. These materials were then analysed through the lens of uṣūl al-fiqh and qawāʿid fiqhiyyah, including the maxims lā ḍarar wa lā ḍirār, maṣlaḥah ʿāmmah, ḥifẓ al-biʾah, and the principle of istikhlāf. The findings reveal three critical gaps. First, underfunding hinders early-warning systems and sustainable infrastructure. Second, the absence of faith-based fiscal tools—such as Green Zakat and Eco-Waqf—limits financing capacity and raises questions of compatibility with APBN/APBD structures and formal zakat institutions. Third, regulatory disharmony between central and regional authorities undermines effective coordination. This study proposes a holistic model that mandates a minimum 3% APBD allocation, institutionalises Islamic green finance mechanisms, and scales up municipal innovations such as Surabaya’s community-based 3R programs. It also highlights the socio-political dynamics affecting the acceptance of religiously informed legal frameworks. The novelty of this research lies in embedding fiqh al-biʾah into positive law and policy instruments, offering a faith-grounded yet implementable roadmap for Indonesia’s sustainable waste governance.

MILRev Metro Islamic Law ReviewVol. 4(2)
Hasanuddin University (ID)
Universitas Hasanuddin
Openalex Percentile: Top 73%
Indonesian Legal and Regulatory Studies
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