Institutional Repository UIN Sunan Kalijaga YogyakartaEKSISTENSI PERATURAN BUPATI SLEMAN NO 63 TAHUN 2015 TENTANG PENGHENTIAN SEMENTARA PENERBITAN IZIN HOTEL, APARTEMEN, KONDOTEL DI WILAYAH KABUPATEN SLEMANNIM.: 22103070066Muhammad Roqi Saied MuttaqiauthorThis research is motivated by an acute hydrological crisis widely known as the "Jogja Asat" phenomenon, characterized by a drastic decline in shallow groundwater levels due to the uncontrolled development of vertical commercial housings in Sleman Regency prior to 2015. Responding to this massive ecological threat and escalating social unrest amid a regulatory vacuum of the Detailed Spatial Plan (RDTR), the Regent of Sleman enacted Regent Regulation (Peraturan Bupati) No. 63 of 2015 concerning the moratorium on vertical housing permits. This study aims to analyze the existence and formal legality of this policy by doctrinally establishing it as a valid legislative product derived from delegated legislation (regeling), while also examining its material validity from the perspectives of the General Principles of Good Corporate Governance (AAUPB), the Maslahah Theory within Fiqh Siyasah (Islamic Public Policy), and the Good Governance paradigm. The research method employed is normative juridical legal research, utilizing both a statute approach and a conceptual approach. Primary legal materials consisting of relevant laws and regulations, alongside secondary legal materials from academic literature, were gathered through a comprehensive literature review. The collected data were subsequently analyzed using a descriptive-qualitative method driven by deductive-dogmatic reasoning. The research findings comprehensively demonstrate that, formally, Sleman Regent Regulation No. 63 of 2015 is a valid legislative product, hierarchically and constitutionally grounded in Law No. 12 of 2011 and Law No. 23 of 2014, enacted through operational delegation mandated by Regional Regulation (Perda) No. 12 of 2012 on Spatial Planning (RTRW) and Regional Regulation No. 3 of 2015 on Space Utilization Permits. Materially, this temporary suspension policy strictly fulfills the parameters of AAUPB (particularly the principles of care, benefit, legal certainty, and public interest) and aligns with Good Governance principles. Furthermore, from the perspective of Fiqh Siyasah, this policy holds absolute Islamic legitimacy under the grand maxim Tasharruf al-imam 'ala al-ra'iyyah manuthun bi al-maslahah (a leader's policy toward the citizens must be rooted in public welfare), as it strategically prioritizes Maslahah Daruriyyah (essential preservation of life/hifzh al-nafs and environment/hifzh al-bi'ah regarding access to clean water) over capitalistic investment interests which only occupy the ranks of Maslahah Hajiyyah (secondary needs) or Maslahah Tahsiniyyah (tertiary/aesthetic needs). Consequently, this moratorium policy is valid, legally certain, and highly equitable as a pro-environmental regional spatial planning instrument.342 Hukum Tata Negara2026-06-05UIN SUNAN KALIJAGA YOGYAKARTA;FAKULTAS SYARIAH DAN HUKUMThesis

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