ANALISIS PASAL 28H UUD NRI 1945 DALAM PENANGANAN LIMBAH ELEKTRONIK (E-WASTE) DALAM PERSPEKTIF HUKUM TATA NEGARA DAN FIQIH SIYASAH (Studi Kasus di Dinas Lingkungan Hidup Kabupaten Ponorogo)

QORIAH KHAFIDOTUL ABAWAINI, 1860103222121 and RAFIQATUL HANIAH, 199105112022032001 (2026) ANALISIS PASAL 28H UUD NRI 1945 DALAM PENANGANAN LIMBAH ELEKTRONIK (E-WASTE) DALAM PERSPEKTIF HUKUM TATA NEGARA DAN FIQIH SIYASAH (Studi Kasus di Dinas Lingkungan Hidup Kabupaten Ponorogo). [ Skripsi ]

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Abstract

ABSTRACT This undergraduate thesis entitled “Analysis of Article 28H of the 1945 Constitution of the Republic of Indonesia in the Management of Electronic Waste (E-Waste) from the Perspective of Constitutional Law and Fiqh Siyasah (A Case Study at the Environmental Agency of Ponorogo Regency)” was written by Qoriah Khafidotul Abawaini (Student ID: 1860103222121) under the supervision of Rafiqatul Haniah, M.H. Keywords: Article 28H of the 1945 Constitution, electronic waste, waste management This research is motivated by the increasing volume of e-waste in Ponorogo Regency that has not been accompanied by an adequate management system as regulated by government policies. This condition has the potential to pose significant risks to environmental quality and societal health, thereby threatening the fulfillment of citizens’ constitutional right to live in a clean, healthy, and decent a legally protected living environment under Article 28H of the 1945 Constitution of the Republic of Indonesia. The objectives of this study are to provide academic contributions by examining: (1) Analysis of Article 28H of the 1945 Constitution in handling electronic waste at the Environmental Agency of Ponorogo Regency; (2) analysis of Article 28H of the 1945 Constitution from the perspective of Constitutional Law; and (3) analysis of Article 28H of the 1945 Constitution of the Republic of Indonesia from a fiqh siyasah perspective. This study adopts an empirical legal method using a qualitative approach. Data were collected through observation, in-depth field interviews and archival sources. data were subjected to analysis by condensing and organizing the data, presenting it systematically, and deriving conclusions. data reliability were maintained through careful observation and methodological triangulation. The findings reveal that: (1) analiysis of Article 28H of the 1945 Constitution in managing electronic waste in Ponorogo Regency has not been optimal, as evidenced by the absence of specific policies, limited facilities and infrastructure at the Environmental Agency, and the lack of official data on electronic waste. This situation is exacerbated by the low volume of electronic waste entering designated collection points, as the community prefers selling it to informal sectors due to its economic value; (2) from the perspective of Constitutional Law, analysis of Article 28H of the 1945 Constitution has not been fully realized, as the Environmental Agency, acting as an extension of the local government, has not yet effectively fulfilled citizens’ constitutional the right to an ecologically safe and dignified environment; and (3) from the perspective of fiqh siyasah, analysis of Article 28H of the 1945 Constitution in electronic waste management deviates from the principles of siyasah dusturiyyah, as the absence of concrete policies and actions reflects the failure of ulil amri to realize public welfare, particularly maslahah dharuriyyah in the form of protection of life, intellect, property, and religion.

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