Setting Up Sharia Reclamation

The government decided to temporarily halt the reclamation of Jakarta Bay. The decision was reached at the Central Government Meeting with the Provincial Government of DKI Jakarta at the Ministry of Maritime Affairs and Resources Office on Monday (19/4).

The government through a joint committee will also conduct alignment of rules, evaluation of requirements to environmental audits. The results are expected to be a reference for other reclamation in all parts of Indonesia (Kompas, 19/4).

In addition to Jakarta Bay reclamation, reclamation is also being done and will be done in various areas such as Tangerang Banten, Benoa Bali Bay, Losari Beach Makasar and others.

Violate the Rules

Minister of Environment and Forestry Siti Nurbaya said there are three indications observed in the field by his ministry, namely pollution, environmental damage and social unrest (Republika, 19/4).

Earlier in a meeting with Commission IV of the House of Representatives, Siti stated, he considered several facts showing that Jakarta Provincial Government committed a number of violations of law in issuing reclamation permits. Among them violate Law no. 1/2014 on the Management of Coastal Areas and Small Islands, Article 30 paragraph 3 and Presidential Regulation no. 112/2012 on Reclamation in Coastal Areas and Small Islands.

DKI Jakarta Provincial Government has no foundation for the issuance of the Jakarta Bay reclamation license. Presidential Decree No. 52/1995 on North Jakarta Beach Reclamation has been revoked through PP. 54/2008 on reclamation permits.

Reclamation permits can not be issued based on spatial and regional plans (RTRW), but based on zoning plans for coastal areas and small islands (RZWP3K). DKI Jakarta Provincial Government does not yet have the RZWP3K regulation. In the issuance of permits, there is no continuous consultation between DKI Provincial Government and related ministries. Though menterilah authorized to publish and revoke permit small island utilization that cause important impact.

Full of Conspiracy

The case of the capture of the Parliament of DKI M. Sanusi, he became President Director of Podomoro Land Tbk Ariesman Widjaja as a suspect in the case of bribery and blocked Aguan and Suny Tanuwidjaya special staff of the Governor of DKI Jakarta may be a small knot of bribery, corruption and collusion cases related to the reclamation of 17 artificial islands.

KPK calls corruption reclamation as a grand corruption because it involves public policy. According to KPK Deputy Chairman Laode M Syarief, this case is a good example that describes the grand corruption happened. He said, "It is conceivable how if all public policies are made not based on the interests of the people, but only to accommodate the interests of certain people or certain korparasi." (Kompas.com, 1/4/2016).

For the sake of capitalist interests

The reclamation of 17 artificial islands in the Jakarta Bay is clearly not for the benefit of the people, but for the sake of capitalists. With the reclamation, the capitalists will benefit very high. Vice President Director and Chief Operating Officer of Jakarta PT Intiland Development Tbk, Suhendro Prabowo, acknowledged that the profit potential of selling property on land reclamation is bigger than land area. Houses, apartments, shophouses, business facilities and other properties to be built on the reclaimed island are sold for billions. Therefore Matius Jusuf says, only the wealthy people can buy property on the reclaimed land.

Islamic view

Reclamation is basically an effort to change the sea, coastal, swamps, lakes, rivers and other aquatic areas into the mainland by deteriorating, draining or drainage. Most of the reclamation is carried out on swamp, lake, coastal and marine areas.

Reclamation can be related to two things. First, in relation to public property such as lakes, coastal and marine seas. Public property is forbidden to be controlled or empowered to individuals, groups or corporations (companies). The state must provide an opportunity for all people to be able to use or benefit from the common property. The state must directly manage the public property, then all the results are returned to the people either directly or in the form of various services.

Based on the provisions of sharia, the practice of reclamation of 17 artificial islands in Jakarta Bay or the like is clearly haram. Therefore, the coastal area or bay is a public property that should not be controlled or authorized or given its concessions to individuals, groups or corporations (companies).

As if done by the state itself for the benefit and the benefit of the community, then reclamation for such syar'i is possible. Therefore, the state has the authority to protect something from public property for a particular purpose. Ibn Abbas narrated from ash-Sha'ab bin Jatsamah who said, that the Messenger of Allah. once said:

«لا حمى إلاا لله ولرسوله»

There is no authority to protect except Allah and His Messenger (Abu Dawud).

That is, the right to protect is the state. Nafi 'also tells from Ibn Umar ra .:

«أن النبي ﷺ حمى النقيع - وهو موضع معروف بالمدينة - لخيل المسلمين»

The Prophet once protected Naqi'-a familiar place in Medina-for the horses of Muslims (HR Abu Ubaid).

Public property that is protected for public purposes or purposes must not be changed to individual property. His status must remain public property. From here the state may protect some coastal or marine areas for the purposes of ports, conservation, public markets, public facilities, defense, fortresses and so on. However, its management must remain in the hands of the state, forbidden to be given or authorized and concessioned to private individuals or corporations, let alone foreigners.

The state also still must pay attention to other sharia provisions. The reclamation should not endanger either physically, environmentally or socially. Amdal review and the like should be done carefully and taken care of. Therefore, the Prophet said:

«لا ضرر ولا ضرار»

There can be no danger and no harm can be done (either yourself or others) (HR Ibn Majah, Ahmad and ad-Daraquthni).

Second, in relation to state-owned land, such as swamp areas (bathâ`ih). The management of state-owned land is left to the Caliph in accordance with ijtihad and his views solely for the benefit of the Muslims. The state may reclaim the territorial waters or swamps that belong to the country. Reclaimed land can be distributed to the people, especially those without land. Things like this had been done by the Caliph Umar bin al-Khaththab ra. He once drained swamps in Iraq and distributed them to the people who were able to live the land. The same is done by the Umayyad Caliphate and thereafter.

In another narration, Muhammad ibn Ubaid ats-Tsaqafi says: A man of the resident of Bashrah called Nafi 'Abu Abdillah had asked the Caliph Umar bin al-Khaththab ra. a plot of land in Basrah that is not part of Kharaj land and does not harm any of the Muslims. Caliph Umar ra. then wrote to Abu Musa al-Ash'ari, "If indeed as he said, give the land to him."

Abu Ubaid also narrated in the Book of Al-Amwal, that the Caliph Uthman ibn Affan ra. once gave Uthman bin Abi al-'Ash ats-Tsaqafi land in Bashrah in the form of watery land or swamp. Then Ustman bin Abi al-'Ash reclaimed the swamp land by drying it, then planted it into a productive land.

The state may therefore grant swampy soil or the like-which belongs to the state-to individuals, groups or corporations. Those who were given the swamp land may reclaim and manage it. However, the state must still pay attention to various other sharia provisions. Among other things, the state should pay attention to the economic balance and equity of wealth among the people (see QS al-Hashr: 7). Countries should also pay attention to the benefits of various aspects including the benefits of environmental safety.

O Muslims:

Shari'a clearly regulates reclamation with rules that can maintain public property, provide the greatest benefit to all people and preserve the environment. With that the benefit for all people can be realized and the wisdom can be prevented from them. That is among the portraits of Islam rahmatan lil 'alamin. It can only be realized if sharia is applied thoroughly within the institution of the Rashidah Caliphate. WalLâh a'lam bi ash-shawâb.

Source : Al Islam