Muhammadiyah Perspective Constitutional Jihad Paradigm (Case Study of Muhammadiyah’s Request Against Law Number 7 of 2004 Concerning Water Resources)

• Main Author: Khakim, Ahmad Zia
• Format: UMS Journal (OJS)
• Language: eng
• Published: Law Doctoral Program Universitas Muhammadiyah Surakarta 2022
• Online Access: https://journals.ums.ac.id/index.php/jtl/article/view/18699
• Summary: The Constitutional Court (MK) granted the petition for judicial review of Law Number 7 of 2004 concerning Water Resources (UU SDA) which was submitted by the Central Executive (PP) of Muhammadiyah. Testing the application for the Natural Resources Law is a strategy to fight for the weak (mustad’afin) according to the basic principles of Islam. Thus, this test argument is also based on the benefits of ecology and nature contained in Islamic law. The review of the Natural Resources Law can also be seen as an effort to examine the similarities between the principles of Islamic law and the 1945 Constitution. The research method uses a socio-legal judicial review approach, by reviewing the decision in the application for Law No. 7 of 2004 concerning Water Resources. against the 1945 Constitution of the Republic of Indonesia with Decision Number 85/PUU-XI/2013. This research is normative based on primary data, namely decision 85/PUU-XI/2013 with bibliographical data and uses a statute approach. This conclusion makes it very clear that Muhammadiyah has taken a Judicial Review step against the Natural Resources Law which is contrary to the 1945 Constitution. This shows that Muhammadiyah has built a constitutional jihad as a concrete ijtihad in an effort to straighten environmental law enforcement which the state should do in accordance with Article 33 of the 1945 Constitution.Keywords: Muhammadiyah, Judicial Review, Natural Resources Law