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Dinamika Implementasi Peraturan Daerah tentang Penyelenggaraan Menara Telekomunikasi dalam Perspektif Siyasah Tanfidziyah Fiska Khotimah; Erina Pane; Ahmad Burhanuddin
Jurnal Hukum Lex Generalis Vol 7 No 2 (2026): Tema Hukum Islam
Publisher : Himpunan Ilmu Hukum dan Ilmu Hukum Islam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56370/jhlg.v7i2.3444

Abstract

The implementation of telecommunication tower management in regional areas often gives rise to various issues, ranging from spatial planning irregularities and licensing problems to social and environmental impacts on the community. Normatively, the regulation of telecommunication tower management has been stipulated in various laws and regulations at both national and regional levels, emphasizing principles of spatial planning, safety, environmental aesthetics, and the protection of public interests. However, empirically, the implementation of these regional regulations still faces numerous challenges in practice. This study employs a qualitative method with a socio-legal approach, examining the gap between legal norms (das sollen) and their actual implementation in society (das sein). Data collection techniques include interviews, observation, and documentation. Data analysis is conducted by integrating the perspectives of positive law and siyasah tanfidziyah, which emphasizes the implementation of government policies in a fair, transparent, and accountable manner. The results of the study indicate that the implementation of regional regulations concerning telecommunication tower management has not been optimal. This is reflected in weak supervision by local governments, limited coordination among institutions, and low compliance of business actors with existing regulations. These conditions have led to social conflicts within the community, potential environmental degradation, and disorder in spatial planning. From the perspective of siyasah tanfidziyah, the implementation of public policy should prioritize the principles of justice (al-‘adl), public welfare (maslahah) and accountability in managing public affairs. Therefore, strengthening regulations, enhancing supervisory capacity, and fostering synergy among stakeholders are necessary to ensure that policy implementation becomes more effective and delivers optimal benefits to society.
Implementasi Peran Pemerintah Daerah Kabupaten Lampung Selatan dalam Melestarikan Destinasi Pariwisata Perspektif Siyasah Tanfidziyyah Tri Sukmawati; Erina Pane; Ahmad Burhanuddin
Jurnal Hukum Lex Generalis Vol 7 No 2 (2026): Tema Hukum Islam
Publisher : Himpunan Ilmu Hukum dan Ilmu Hukum Islam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56370/jhlg.v7i2.3504

Abstract

This study aims to analyze the implementation of supervision and evaluation in the management of tourism destinations based on Article 11K of Law Number 18 of 2025 concerning Tourism, focusing on the culinary tourism area of Dermaga Bom in South Lampung Regency, from the perspective of siyāsah tanfīdziyyah. Academically, this research is significant due to the existing gap between legal norms emphasizing supervisory and evaluative functions and their empirical practice at the regional level. The policy gap examined lies in the absence of systematically formulated, measurable and sustainable operational mechanisms for supervision and evaluation as a derivative of Article 11K. This research employs a qualitative method with an empirical approach through in-depth interviews and field observations. The analysis is conducted using the indicators of siyāsah tanfīdziyyah, which include: (1) policy implementation (tanfīdz alahkām), (2) effectiveness of supervision (al-raqābah), (3) governmental accountability and (4) orientation toward public welfare (tahqīq al-maṣlaḥah). The findings reveal that the implementation of supervision and evaluation has not been optimal due to limited human resources, weak inter-agency coordination, and the absence of a structured and sustainable evaluation system. These conditions result in poorly organized spatial management, limited facilities, inadequate security assurance and low community participation. Legally, these findings indicate that the mandate of Article 11K of Law Number 18 of 2025 concerning Tourism has not been fully fulfilled in the practice of regional governance. The implications of this study highlight the need to strengthen derivative regulations, enhance the institutional capacity of regional governments, and develop participatory-based supervision and evaluation systems to achieve effective, accountable and public welfare-oriented tourism governance.
Implementasi Pasal 14 Peraturan Daerah Kabupaten Lampung Barat Nomor 2 Tahun 2021 tentang Pekon Wisata dalam Persepektif Siyasah Tanfidziyah Tri Selfiana; Zuhraini; Ahmad Burhanuddin
Jurnal Hukum Lex Generalis Vol 7 No 2 (2026): Tema Hukum Islam
Publisher : Himpunan Ilmu Hukum dan Ilmu Hukum Islam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56370/jhlg.v7i2.3739

Abstract

This study aims to analyze the implementation of Article 14 of West Lampung Regency Regional Regulation Number 2 of 2021 concerning Tourism Villages in the management of the Batu Brak Megalithic Site in Purajaya Village from the perspective of siyāsah tanfīdhiyyah. This research employed a field research method with a descriptive qualitative approach through interviews with village officials, local communities, and tourism managers. The findings reveal that the implementation of Article 14 has not been optimal due to inadequate tourism infrastructure, insufficient public facilities, low community participation, limited awareness of tourism potential, and budget constraints at the village level. These conditions have hindered the achievement of tourism village development objectives as mandated by the regional regulation, resulting in social and economic benefits that have not been maximally realized for the community. From the perspective of siyāsah tanfīdhiyyah, the implementation of this policy has not fully reflected the principles of public welfare (maṣlaḥah) and participatory governance. Therefore, greater budget allocation, the provision of essential tourism facilities, the establishment of active tourism awareness groups and stronger partnerships among regional governments, village governments, tourism managers and local communities are required.