منظورة السياسة المالية الإسلامية في إدارة الأصول العامة والموارد الطبيعية في إندونيسيا

The Perspective of Islamic Finance in the Management of Public Assets and Natural Resources in Indonesia

Abstract

This study examines the management of public assets and natural resources in Indonesia through the lens of Siyasah Maliyah (Islamic public finance) and constitutional law, specifically Article 33 of the 1945 Constitution. Despite Indonesia's abundant natural wealth, the phenomenon of the "resource curse" and unequal distribution of wealth persist due to rent-seeking behavior and flawed governance. This research employs a normative legal method with conceptual, statutory, and philosophical-historical approaches. The results demonstrate that under Siyasah Maliyah, the state acts not as an absolute owner but as a trustee (mustakhlaf) of public assets (milkiyah ammah). Based on classical Islamic jurisprudence, resources of public utility categorized under water, pasture, and fire cannot be privatized. Applying this to the contemporary Indonesian context, strategic mineral deposits, energy, and public infrastructure fall under this public ownership category. Furthermore, the prohibition of monopoly (ihtikar) serves as a moral and legal imperative against oligopoly in concession allocations. This study proposes an integrative model that harmonizes the state’s right of control (Hak Menguasai Negara) with Siyasah Maliyah principles, advocating for digitalized licensing, a sovereign wealth fund for intergenerational equity, and the reinforcement of strategic state-owned enterprises (BUMN) to guarantee social justice and national sovereignty