Kebijakan privatisasi BUMN di Indonesia dalam pandangan Maqasid al-Mu‘amalat

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Robbani, Shofa (2020) Kebijakan privatisasi BUMN di Indonesia dalam pandangan Maqasid al-Mu‘amalat. PhD thesis, UIN Sunan Ampel Surabaya.

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Abstract

This dissertation discusses the privatization policy in Indonesia using maqasid al-mu‘amalat approach. Three major questions answered in this dissertation are: first, how is the privatization policy in Indonesia according to the laws and regulations? Second, how does the al-milkiyyah al-fardiyyah′s concept occur in privatization in Indonesia? And third, how is the privatization policy in Indonesia according to al-milkiyyah al-fardiyyah in the discourse of maqasid al-mu‘amalat?. Through al-milkiyyah′s theory and the approach of usul al-fiqh, maqasid al-mu‘amalat, socio-history, economic analysis of law and philosophy, as well as content analysis and system analysis in exploring the legal provisions in privatization in Indonesia. The technique of extracting data is study of documents related to privatization legislation in Indonesia. Meanwhile, to test the validity of the data, the researcher use the test of credibility, transferability, dependability and confirmability. And the results there are three conclusions. Firstly, Legislation on privatization in Indonesia regulates that not all BUMNs can be privatized, only BUMNs that have a competitive business sector, do not concern the lives of many people, and there is an outdated technological element that can be privatized. Three things that come to the attention of the Government when making privatization policies are performance improvement, BUMN profit and economic equality. Secondly, the concept of al-milkiyyah al-fardiyyah in privatization can be implemented through two things, namely through the ownership transfer process from state ownership to private ownership, and through the implementation of two principles of al-milkiyyah al-fardiyyah, namely limitation of ownership rights that may not contain danger, loss and error, and the use of ownership rights must be in accordance with applicable laws and Islamic law. Thirdly, privatization policy in Indonesia according to al-milkiyyah al-fardiyyah′s concept is the entity of hifz al-mal which is a feature of primary needs (daruriyyah) in the discourse of maqasid al-mu‘amalat, this is because privatization that is pro-justice and anti-inequality is the main foundation of maqasid al-mu‘amalat. There are ten universal rules in maqasid al-mu‘amalat which contain indicators of benefit and interpretation which can be applied in the privatization law policy in Indonesia. In addition, this dissertation produces two theoretical implications, namely shifting the istinbat al-ahkam method in al-mu‘amalat contemporary from qiyas to maqasid al-mu‘amalat, and the basic change in the theory of ownership transfer from iqta‘ to khaskhasah which affects the ownership transfer law.