Rekonstruksi Regulasi Penggantian Ganti Untung Lahan Sawah Dilindungi Yang Terdampak Bencana Atau Relokasi Program Perumahan Rakyat dan Kawasan Permukiman Pemerintah Daerah Berdasarkan Nilai Keadilan

Land (earth) as one of the important elements in the implementation of development. Must be managed and used optimally, in order to provide the greatest possible benefits for the prosperity of the people. This is a constitutional mandate in Article 33 paragraph (3) of the 1945 Constitution of the Republic of Indonesia which states that "Earth, water and the natural resources contained therein are controlled by the state for the greatest possible prosperity of the people". The development carried out must be able to guarantee the fulfillment of basic rights for citizens such as housing, decent work, clothing, sufficient food and an adequate environment, so that the state is required to empower every inch of land in the territory of the Unitary State of the Republic of Indonesia. The purpose of this study is to analyze and find laws regarding the regulation of compensation for protected rice fields affected by disasters or relocation of local government housing programs based on the value of justice. Legal certainty regarding rights to the land is a law concerning its ownership and control. Development activities carried out at both the central and regional levels are certainly inseparable from the concept of public interest that underlies every development activity carried out by the central and regional governments. The results of the study found that in essence, compensation for losses, it is important to ensure that the regulations implemented are in accordance with sharia principles, which emphasize fairness, transparency, and compliance with moral values. Law Number 2 of 2012 concerning Land Acquisition for Development in the Public Interest and Presidential Regulation Number 59 of 2019 provide a legal framework that establishes a compensation mechanism, with the assessment carried out by an Independent Appraiser and deliberation to reach a fair agreement. However, from a sharia perspective, there are additional principles that must be considered to ensure that the regulation is not only legally valid, but also in accordance with Islamic ethics. In sharia principles, compensation for losses must be carried out with full justice and without causing unfair losses to any party. One of the main principles in sharia is the prohibition of riba (interest) and gharar (uncertainty). In this case, the relevant verse of the Qur'an is Surah Al-Baqarah (2:188), which reads: "Do not consume your property among yourselves unjustly, and do not bring matters to court in order to consume a portion of other people's property wrongfully while you know." This verse emphasizes the importance of justice and the prohibition of fraud in financial transactions. Thus, compensation regulations must ensure that the compensation provided is fair and in accordance with the losses suffered, without any element of uncertainty or fraud.