Integrasi Nilai Maqasid Al-Syari’ah dalam Penerapan Pendidikan Karakter terhadap Perilaku Pembuangan Sampah di Ruang Publik

Abstract

Littering in public spaces remains a chronic problem in Indonesia that has yet to be resolved, despite being regulated under Law No. 18 of 2008 on Waste Management. The prevailing approach, which relies on positive law sanctions, depends too heavily on external and coercive mechanisms such as fines and minor criminal penalties, and has thus failed to foster internal awareness among offenders and ensure sustainable compliance. This study aims to examine conceptually how the values of Maqasid al-Syari'ah can be integrated into the application of positive law sanctions against littering in public spaces. Using a normative research method with a conceptual-analytical approach and doctrinal-comparative analysis techniques, this study finds that formal sanctions in Indonesian positive law suffer from a normative void due to the absence of a substantive ethical foundation within their normative structure. The values of Maqasid al-Syari'ah, particularly the principles of hifz al-nafs (protection of life), hifz al-mal (protection of property), and hifz al-nasl (protection of progeny), bear direct relevance to environmental issues and are capable of filling this missing ethical dimension. Integration can be achieved through three complementary approaches: a substantive approach through the internalisation of values within the substance of the law; an instrumental approach through the utilisation of values as a language of education and rehabilitation; and a cultural approach through the transformation of societal ethos. The findings suggest that integrating Maqasid al-Syari'ah values as an ethical reinforcement does not alter the character of positive law, but rather strengthens the internal legitimacy and effectiveness of formal sanctions by resonating with societal values.