Syarah: Jurnal Hukum Islam dan Ekonomi
Vol. 14 No. 1 (2025): SYARAH : Jurnal Hukum Islam dan Ekonomi

Problems in Enforcing the Liquor Prohibition Regulation

Wahib, Moh. (Unknown)
Rohman , Baitur (Unknown)
Irawati, Dewi (Unknown)



Article Info

Publish Date
30 Jun 2025

Abstract

Enforcing local regulations prohibiting alcoholic beverages in Papua is a complex challenge that requires a comprehensive understanding of the legal framework, law enforcement practices, and community dynamics. This study aims to analyze the challenges of enforcing the prohibition of alcoholic beverages in Papua Province. The researcher seeks to explore the substance of the prohibition of alcoholic beverages in Papua Regulation No. 15 of 2013 and its legal status within the Indonesian legal framework. The results of the study reveal that the substance of Papua Regulation No. 15 of 2013 is to completely ban the production, distribution, sale, and consumption of alcoholic beverages. This legal status is legally contrary to the principle of the hierarchy of laws based on the principle of "Lex Superiori Derogad Lege Inferiori." This Regional Regulation was revoked by the Minister of Home Affairs via Letter No. 188 34-3629 of 2016. However, to protect the public from the negative impacts of alcoholism, the Governor of Papua continued to enforce the Regional Regulation. The Governor of Papua, from a progressive legal perspective, has set aside the principle of legal certainty for the sake of humanity; however, within the context of a rule-of-law state, this violates the principle of "due process of law."

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Journal Info

Abbrev

syarah

Publisher

Subject

Religion Humanities Economics, Econometrics & Finance Social Sciences

Description

Syarah: Journal of Islamic Law and Economics invites scholars, researchers, and students to contribute the results of their studies and researchers in the fields related to Islamic law and Economics which includes textual investigations, both in terms of theory and practice of Islamic law and ...