Reactualizing Fiqh al-Bi’ah as an Evaluative Framework for Strict Liability and Ecological Restoration in Indonesia

Abstract

Indonesia’s environmental liability rules changed when Article 88 of Law Number 32 of 2009 was amended through the Job Creation Law, and Supreme Court Regulation Number 1 of 2023 later set new procedures for environmental cases. These changes raise doubts about whether the law adequately protects against ecological damage and ensures that damaged environments are actually restored. This study aims to develop an Islamic legal framework, based on fiqh al-bi’ah (Islamic environmental jurisprudence) and the higher objectives of Islamic law (maqāṣid al-sharī’ah), for evaluating environmental liability and restoration. It uses normative legal research with statutory, conceptual, and case approaches, analyzing the environmental protection law and its amendments, Government Regulation Number 22 of 2021, the Supreme Court Regulation, and Lamongan District Court Decision Number 39/Pdt.Sus-LH/2023/PN Lmg. The framework has four dimensions: the accuracy of the basis of liability, the enforceability of restoration, the prevention of ecological risk, and the protection of future generations. The analysis shows that the amendment does not abolish strict liability, but requires consistent interpretation of the basis of liability and proof. Restoration also depends on clear claims, funding, and supervision. The study concludes that fiqh al-bi’ah can serve as an evaluative tool without replacing positive law