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Mhd Zia Maulana
Universitas Islam Negeri Sjech M. Djamil Djambek Bukittinggi

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Efektivitas Peraturan Daerah Kabupaten Agam tentang Kawasan Tanpa Rokok Ditinjau dari Siyasah Dusturiyyah Mhd Zia Maulana; Adlan Sanur Tarihoran
Maqasid Forum : Journal of Islamic Law, Jurisprudence, and Public Policy Vol. 1 No. 2 (2026): June 2026
Publisher : Maqasid Forum : Journal of Islamic Law, Jurisprudence, and Public Policy

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30983/maqasidforum.v1i2.3145

Abstract

Agam Regency Regulation Number 4 of 2021 on Non-Smoking Areas (KTR) was enacted to protect the public from the harms of tobacco, yet nearly five years after enactment its implementation remains suboptimal. This study aims to assess the effectiveness of the regulation and to examine it through the lens of siyasah dusturiyyah. Using a qualitative field-research design with six purposively selected informants, primary data were collected through interviews, while secondary data came from the regulation's text, related legislation, and the literature; all data were analyzed descriptively and qualitatively using Soekanto's theory of legal effectiveness. The findings show that enforcement remains suboptimal because the legal substance is not yet supported by an implementing regent regulation, Satpol PP personnel are limited, and social control over underage smoking is weak; viewed through siyasah dusturiyyah, the regulation embeds the values of justice, equality before the law, deliberation, and public welfare. The study concludes that the regulation is normatively aligned with siyasah dusturiyyah but not yet sociologically effective, and recommends issuing the regent regulation, adding personnel, and extending outreach down to the village (nagari) level.