EFEKTIVITAS PENGATURAN OPERASIONAL TRANSPORTASI TRADISIONAL DI JALAN MALIOBORO (STUDI PERDA DIY NO.5/2016 TENTANG MODA TRANSPORTASI TRADISIONAL BECAK DAN ANDONG)

Suci Susilowati, NIM.: 19103080007 (2023) EFEKTIVITAS PENGATURAN OPERASIONAL TRANSPORTASI TRADISIONAL DI JALAN MALIOBORO (STUDI PERDA DIY NO.5/2016 TENTANG MODA TRANSPORTASI TRADISIONAL BECAK DAN ANDONG). Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

One of the places where rickshaws and horse carts concentrate in DIY is Malioboro. Where the existence of pedicabs and carriages can potentially support the business ecosystem as a fulfillment of accommodation for tourists. The existence of DIY Regional Regulation No. 5/2016 concerning the Traditional Mode of Transportation of Becak and Andong is a derivative of the Regional Regulation of the Special Region of Yogyakarta Number 8 of 2015 concerning Patterns of Regional Transportation Development which mandates to regulate the implementation of traditional transportation. In this way, DIY Regional Regulation No. 5/2016 can provide firmness and uniformity to the forms of rickshaws and horse carts. Due to the fact that in the field there are many pedicabs that have transformed into motorized rickshaws, whereas for the andong itself there are no problems in the field. Considering that this policy has been in effect for seven years, it is therefore necessary to question the effectiveness of this regulation in the long term. The type of research used is field research located in Malioboro with an empirical juridical approach. Collecting data in this study using the method of observation, interviews, and documentation studies. The analytical method used is descriptive-analytical through the theory of legal effectiveness from Soerjono Soekanto and maslahah mursalah from Wahbah Az-Zuhaili as a knife for analysis. Based on the analysis that has been carried out by the authors, the research results show that the implementation of traditional transportation operations in Malioboro is not as effective as the applicable written law. Caused by the legal factor itself (Perda DIY No. 5/2016 concerning Traditional Becak and Andong Modes of Transportation) In this Perda, there is no implementing regulation that is really needed to implement this Perda. And the community factor for their noncompliance with applicable regulations due to a lack of equality in obtaining information regarding applicable regulations. Whereas in the review, maslahah mursalah is still not fully able to provide maslahah for pedicab and buggy drivers, because the resulting maslahah is still in the form of conjecture and does not apply in general only to certain groups, namely for people who work as pedicab and buggy drivers.

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