P075 Environmental Crimes in Coal Mining: Qualifications and Contradictions in Punishment from an Islamic Perspective

Abstract

Coal mining is the main driver of the economy in Kalimantan, but at the same time it also causes damage to the environment, infrastructure, and conflicts with communities around the mining area. This article will describe the qualifications of environmental crimes that occur in the coal mining sector and examine these environmental crimes from the perspective of Islamic law. The research method used is normative research using a case approach through court decisions related to environmental crimes in the coal mining sector, as well as an approach to Islamic law concepts related to environmental crimes in the mining sector. The research methodology employed is normative research using a case study approach based on court rulings related to environmental crimes in coal mining, as well asan Islamic legal framework approach to environmental crimes in the coalmining sector. The research findings indicate that the qualifications for environmental crimes in coal mining are predominantly related to pollution andenvironmental destruction. Some court rulings that were the subject of this study showed a tendency not to prioritize environmental restoration. Environmental destruction caused by mining is a systemic crime against the earth, not only involving humans as individual perpetrators but also government policies and decision-making processes that are deliberately designed without considering the damage they will cause as a form of crime. From an Islamic legal perspective, environmental crimes in the coal mining sector are acts contrary to Islamic teachings, as stated in Surah Ar-Rum 41, which warns that damage to the earth caused by human actions will have consequences for humanity, serving as a reminder for humans to return to the right path. Thus, ideally, the punishment imposed through court rulings should not only be interpreted as punishment for individuals, but also as a way to "remind humans to return to the right path" and prevent the recurrence of similar crimes.

Keywords: coal; criminal ; environment ; Islamic law;  mining