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KEKOSONGAN HUKUM DALAM PENERAPAN PARKIR ELEKTRONIK (E-PARKING) DI PUSAT KEGIATAN OLAHRAGA WAY HALIM BANDAR LAMPUNG
Legal vacuum in the public service sector is an anomaly that threatens the principle of legal certainty in a rule-of-law state. This research is motivated by the implementation of the electronic parking (e-parking) policy at the Sports and Recreation Center (PKOR) Way Halim, Bandar Lampung, which shows a gap between technological infrastructure and supporting regulations. Although an electronic system has been installed to minimize illegal levies and increase Regional Original Revenue (PAD), facts on the ground show that payments are still dominated by cash and are not followed by a strict sanction mechanism for operational violators. This is caused by the absence of specific technical regulations at the Lampung Provincial Government level as the asset owner, while the Bandar Lampung City Government regulations do not fully cover the provincial asset area. The research questions focus on the legal implications of this legal vacuum on the effectiveness of the e-parking system and how legal solutions through the perspective of positive law and the theory of Maslahah Mursalah can fill this void. This research is a field research with an empirical-juridical approach that is descriptive-qualitative in nature. The research location is in the PKOR Way Halim area, with primary data sources derived from in-depth interviews with the Head of the Regional Sports Arena Management Unit (UPTD) of Lampung Province, parking gate officers, and members of the public using the service. Data analysis was conducted using the theoretical framework of Good Governance, focusing on the principles of transparency and accountability, as well as the theory of Maslahah Mursalah in Islamic law to assess the benefit of public administration policies in regional levy management. The research results conclude that a functional legal vacuum has occurred due to the absence of a Governor's Regulation or Standard Operating Procedures (SOP) regulating sanction mechanisms for officers who commit operational deviations, such as the use of optional receipt printing buttons (F9) and free access (F6) without clear criteria. This condition results in a system degradation from electronic back to manual-cash, which is prone to PAD leakage. From the perspective of Maslahah Mursalah, the e-parking policy is an administrative ijtihad aimed at protecting public wealth (hifzh al-māl), but its effectiveness is hindered by the absence of sanction regulations. The recommended legal solution is regulatory reconstruction through the issuance of a Governor's Regulation regarding technical e-parking SOPs and the obligation of absolute non-cash payment system integration to close the gap of harm and realize accountable governance.
FAKULTAS SYARIAH DAN HUKUM, UIN SUNAN KALIJAGA YOGYAKARTA
NIM.: 22103070001 Khasanah Sekar Pembayun
KEKOSONGAN HUKUM DALAM PENERAPAN PARKIR ELEKTRONIK (E-PARKING) DI PUSAT KEGIATAN OLAHRAGA WAY HALIM BANDAR LAMPUNG (Text)
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