EFEKTIVITAS PENERAPAN PERATURAN DAERAH KABUPATEN KEBUMEN NOMOR 4 TAHUN 2022 TENTANG PENATAAN DAN PEMBINAAN PUSAT PERBELANJAAN DAN TOKO SWALAYAN

Adinda Sophientia Ashfahany, NIM.: 21103080024 (2025) EFEKTIVITAS PENERAPAN PERATURAN DAERAH KABUPATEN KEBUMEN NOMOR 4 TAHUN 2022 TENTANG PENATAAN DAN PEMBINAAN PUSAT PERBELANJAAN DAN TOKO SWALAYAN. Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

Along with the times, with a high level of mobility, everything must be done quickly and effectively. The existence of convenience stores is a magnet in itself by offering many things that can attract people's attention. Kebumen City, although it is considered a city that is not too big, recently, with the increasing population level, convenience stores, especially minimarkets, have become one of the trade sectors with significant development. In 2021, the phenomenon of convenience stores mushroomed in the Kebumen District area. The Regional Government wishes to optimize the arrangement of convenience stores, so in line with this, the Government of Kabupaten Kebumen drafted a Regional Regulation on the Arrangement and Guidance of Shopping Centers and Convenience Stores. However, this does not mean that the existence of convenience stores is orderly and regular. In fact, some convenience stores, especially minimarkets, can still be found with operating hours of up to 24 hours. Researcher use the type of normative-empirical legal research which is basically about the implementation of normative legal provisions in action in every certain legal event that occurs in a society. This research is descriptive in nature which is used to describe the law as a phenomenon or factual behavior in reality. To support this, this research uses the theory of legal effectiveness, namely, as well as the theory of maṣlaḥah mursalah. The approach used uses the sociology approach of Islamic law with the aim of studying the reciprocal relationship between law and other social symptoms. This research is through a pattern of interviews, observation, and documentation which can then be analyzed using the conclusions obtained. The results of the discussion of the implementation of Kebumen Regency Regional Regulation Number 4 of 2022 concerning the Arrangement and Guidance of Shopping Centers and Supermarkets found several factors for the formation of the regional regulation, including the growth of local economic balance, city planning, consumer protection, social welfare and supervision. Regarding the regulation of operating hours, there are 3 (three) elements of enforcement factors, namely legal substance factors, structural factors, and cultural factors. Based on observations, the implementation of this regional regulation is considered less effective. There are still several modern shops that are open beyond the stipulated hours, this has become a culture that is difficult for business actors to implement this regulation. In the rules of maṣlaḥah mursalah, the regulation of modern shop operating hours is included in the category of maṣlaḥah daruriyah because it means an urgent need and must be fulfilled, if not fulfilled it will cause danger that can threaten people's property and lives.

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